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                                                      PRINTER'S NO. 1223

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1046 Session of 2007


        INTRODUCED BY ROEBUCK, COHEN, CURRY, GRUCELA, HARKINS, KIRKLAND,
           LEACH, SHIMKUS, BIANCUCCI, BLACKWELL, CALTAGIRONE, FABRIZIO,
           FRANKEL, GEORGE, JOSEPHS, MANN, McGEEHAN, MYERS, PARKER,
           PRESTON, SOLOBAY, STURLA, THOMAS AND WALKO, APRIL 10, 2007

        REFERRED TO COMMITTEE ON EDUCATION, APRIL 10, 2007

                                     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 small district
     6     assistance; providing for basic education funding for the
     7     2006-2007 school year; and further providing for payments on
     8     account of limited English proficiency programs.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 2502.13 of the act of March 10, 1949
    12  (P.L.30, No.14), known as the Public School Code of 1949, is
    13  amended by adding a subsection to read:
    14     Section 2502.13.  Small District Assistance.--* * *
    15     (m)  For the school year 2006-2007, the Commonwealth shall
    16  pay to each school district which has an average daily
    17  membership of one thousand five-hundred (1,500) or less and a
    18  market value/income aid ratio of six thousand ten-thousandths
    19  (0.6000) or greater an amount equal to thirty dollars ($30)
    20  multiplied by that district's average daily membership and by

     1  that district's market value/income aid ratio.
     2     Section 2.  The act is amended by adding sections to read:
     3     Section 2502.47.  Basic Education Funding for 2006-2007
     4  School Year.--For the 2006-2007 school year, the Commonwealth
     5  shall pay to each school district a basic education funding
     6  allocation which shall consist of the following:
     7     (1)  An amount equal to the basic education funding
     8  allocation for the 2005-2006 school year under sections 2502.13,
     9  2502.45 and 2504.4.
    10     (2)  If a school district has been declared a Commonwealth
    11  partnership school district under Article XVII-B, an amount
    12  equal to four million dollars ($4,000,000).
    13     (3)  A base supplement calculated as follows:
    14     (i)  If the school district's market value/income aid ratio
    15  is equal to or greater than seven thousand three hundred ninety-
    16  one ten-thousandths (.7391):
    17     (A)  Multiply the school district's 2007-2008 market
    18  value/income aid ratio by its 2006-2007 average daily
    19  membership.
    20     (B)  Multiply the product from clause (A) by five million
    21  nine hundred fifty thousand dollars ($5,950,000).
    22     (C)  Divide the product from clause (B) by the sum of the
    23  products of the 2007-2008 market value/income aid ratio
    24  multiplied by the 2006-2007 average daily membership for all
    25  qualifying school districts.
    26     (ii)  If the school district's 2007-2008 market value/income
    27  aid ratio is equal to or greater than six thousand six hundred
    28  fifteen ten-thousandths (.6615) and less than seven thousand
    29  three hundred ninety-one ten-thousandths(.7391):
    30     (A)  Multiply the school district's 2007-2008 market value/
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     1  income aid ratio by its 2006-2007 average daily membership.
     2     (B)  Multiply the product from clause (A) by seventeen
     3  million five hundred twenty thousand dollars ($17,520,000).
     4     (C)  Divide the product from clause (B) by the sum of the
     5  products of the 2007-2008 market value/income aid ratio
     6  multiplied by the 2006-2007 average daily membership for all
     7  qualifying school districts.
     8     (iii)  If the school district's 2007-2008 market value/
     9  income aid ratio is equal to or greater than five thousand eight
    10  hundred fifty-six ten-thousandths (.5856) and less than six
    11  thousand six hundred fifteen ten-thousandths (.6615):
    12     (A)  Multiply the school district's 2007-2008 market
    13  value/income aid ratio by its 2006-2007 average daily
    14  membership.
    15     (B)  Multiply the product from clause (A) by seven million
    16  eight hundred thousand dollars ($7,800,000).
    17     (C)  Divide the product from clause (B) by the sum of the
    18  products of the 2007-2008 market value/income aid ratio
    19  multiplied by the 2006-2007 average daily membership for all
    20  qualifying school districts.
    21     (iv)  If the school district's 2007-2008 market value/income
    22  aid ratio is equal to or greater than four thousand one hundred
    23  ninety-five ten-thousandths (.4195) and less than five thousand
    24  eight hundred fifty-six ten-thousandths (.5856):
    25     (A)  Multiply the school district's 2007-2008 market value/
    26  income aid ratio by its 2006-2007 average daily membership.
    27     (B)  Multiply the product from clause (A) by eleven million
    28  four hundred thousand dollars ($11,400,000).
    29     (C)  Divide the product from clause (B) by the sum of the
    30  products of the 2007-2008 market value/income aid ratio
    20070H1046B1223                  - 3 -     

     1  multiplied by the 2006-2007 average daily membership for all
     2  qualifying school districts.
     3     (v)  If the school district's 2007-2008 market value/income
     4  aid ratio is less than four thousand one hundred ninety-five
     5  ten-thousandths (.4195):
     6     (A)  Multiply the school district's 2007-2008 market value/
     7  income aid ratio by its 2006-2007 average daily membership.
     8     (B)  Multiply the product from clause (A) by six million
     9  twenty-five thousand dollars ($6,025,000).
    10     (C)  Divide the product from clause (B) by the sum of the
    11  products of the 2007-2008 market value/income aid ratio
    12  multiplied by the 2006-2007 average daily membership for all
    13  qualifying school districts.
    14     (4)  A poverty supplement calculated for qualifying school
    15  districts as follows:
    16     (i)  For a school district to qualify for the poverty
    17  supplement:
    18     (A)  forty percent (40%) or more of the students enrolled in
    19  the school district on October 31, 2006, must have been eligible
    20  for free or reduced price meals under the school lunch program
    21  and the school district's 2007-2008 market value/income aid
    22  ratio must be at least four thousand five hundred ten-
    23  thousandths (.4500); or
    24     (B)  equal to or greater than thirty percent (30%) and fewer
    25  than forty percent (40%) of the students enrolled in the school
    26  district on October 31, 2006, must have been eligible for free
    27  or reduced price meals under the school lunch program and the
    28  school district's 2007-2008 market value/income aid ratio must
    29  be at least six thousand five hundred ten-thousandths (.6500).
    30     (ii)  The poverty supplement shall be calculated for
    20070H1046B1223                  - 4 -     

     1  qualifying school districts as follows:
     2     (A)  Multiply the school district's 2007-2008 market value/
     3  income aid ratio by its 2006-2007 average daily membership by
     4  the percent of students enrolled in the school district on
     5  October 31, 2006, who were eligible for free or reduced price
     6  meals under the school lunch program.
     7     (B)  Multiply the product from clause (A) by twenty-six
     8  million dollars ($26,000,000).
     9     (C)  Divide the product from clause (B) by the sum of the
    10  products of the 2007-2008 market value/income aid ratio
    11  multiplied by the 2006-2007 average daily membership multiplied
    12  by the percent of students enrolled in the school district on
    13  October 31, 2006, who were eligible for free or reduced price
    14  meals under the school lunch program for all qualifying school
    15  districts.
    16     (5)  A foundation supplement calculated for qualifying
    17  districts as follows:
    18     (i)  To qualify for the foundation supplement, a school
    19  district's 2005-2006 adjusted current expenditures per average
    20  daily membership must be less than the foundation target and its
    21  2005-2006 equalized millage must be greater than or equal to
    22  18.0. For the purpose of this subsection, the "foundation
    23  target" shall be one of the following:
    24     (A)  The 2003-2004 median current expenditures per average
    25  daily membership increased by three and nine-tenths percent
    26  (3.9%) and further increased by three and four-tenths percent
    27  (3.4%).
    28     (B)  For a school district where at least fifty percent (50%)
    29  of students enrolled in the school district on October 31, 2006,
    30  were eligible for free or reduced price meals under the school
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     1  lunch program, the amount referenced under clause (A) increased
     2  by twenty percent (20%).
     3     (ii)  The foundation supplement shall be calculated for
     4  qualifying school districts as follows:
     5     (A)  Multiply the school district's 2007-2008 market
     6  value/income aid ratio by its 2006-2007 average daily
     7  membership.
     8     (B)  Multiply the product in clause (A) by the lesser of:
     9     (I)  five hundred dollars ($500), or if its 2007-2008 market
    10  value/income aid ratio is equal to or greater than seven
    11  thousand ten-thousandths (.7000), eight hundred fifty dollars
    12  ($850);
    13     (II)  the difference between the value of the foundation
    14  target and the school district's 2005-2006 adjusted current
    15  expenditures per average daily membership; or
    16     (III)  if the school district's 2005-2006 equalized millage
    17  is less than twenty-one and one-tenth (21.1), the product of the
    18  lesser of the amount in clause (B)(I) or (II) and the quotient
    19  of its 2005-2006 equalized millage divided by twenty-one and
    20  one-tenth (21.1).
    21     (C)  Multiply the product from clause (B) by forty million
    22  dollars ($40,000,000).
    23     (D)  Divide the product from clause (C) by the sum of the
    24  products from clause (B).
    25     (iii)  If a qualifying school district's 2005-2006 equalized
    26  millage is equal to or greater than twenty-four and seven-tenths
    27  (24.7), it shall receive an additional payment calculated as
    28  follows:
    29     (A)  Multiply the product from subparagraph (ii)(B) by
    30  eighteen million dollars ($18,000,000).
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     1     (B)  Divide the product from clause (A) by the sum of the
     2  products from subparagraph (ii)(B) for qualifying school
     3  districts.
     4     (6)  A tax burden supplement calculated for qualifying school
     5  districts as follows:
     6     (i)  To qualify for the tax burden supplement, the percent
     7  change in a school district's market value from 2000 to 2005
     8  must be less than ten percent (10%).
     9     (ii)  The tax burden supplement shall be calculated for
    10  qualifying school districts as follows:
    11     (A)  Multiply the school district's 2007-2008 market
    12  value/income aid ratio by its 2006-2007 average daily
    13  membership.
    14     (B)  Multiply the product from clause (A) by three million
    15  dollars ($3,000,000).
    16     (C)  Divide the product from clause (B) by the sum of the
    17  products of the 2007-2008 market value/income aid ratio
    18  multiplied by the 2006-2007 average daily membership for all
    19  qualifying school districts.
    20     (7)  A growth supplement calculated for qualifying school
    21  districts as follows:
    22     (i)  To qualify for the growth supplement, the school
    23  district's 2005-2006 average daily membership must be at least
    24  five percent (5%) greater than the school district's 2000-2001
    25  average daily membership, the school district's 2005 market
    26  value per 2005-2006 average daily membership must be less than
    27  or equal to nineteen and one-half percent (19.50%) greater than
    28  the school district's 2000 market value per 2000-2001 average
    29  daily membership and the school district's 2006-2007 average
    30  daily membership must be greater than the school district's
    20070H1046B1223                  - 7 -     

     1  2005-2006 average daily membership.
     2     (ii)  The growth supplement shall be calculated for
     3  qualifying school districts as follows:
     4     (A)  Multiply the school district's 2007-2008 market value/
     5  income aid ratio by the difference between the school district's
     6  2005-2006 average daily membership and the school district's
     7  2006-2007 average daily membership.
     8     (B)  Multiply the product from clause (A) by two million five
     9  hundred thousand dollars ($2,500,000).
    10     (C)  Divide the product from clause (B) by the sum of the
    11  products of the 2007-2008 market value/income aid ratio
    12  multiplied by the difference between the 2005-2006 average daily
    13  membership and the 2006-2007 average daily membership for all
    14  qualifying school districts.
    15     (8)  Each school district shall receive an inflation index
    16  supplement as necessary so that the sum of the amounts under
    17  section 2502.13, 2504.4 and paragraphs (3), (4), (5), (6) and
    18  (7) and this paragraph equal three and four-tenths percent
    19  (3.4%) multiplied by its 2007-2008 market value/income aid ratio
    20  of the amount in paragraph (1).
    21     (9)  Each school district shall receive additional funding as
    22  necessary so that the sum of the amounts under section 2502.13,
    23  2504.4 and paragraphs (3), (4), (5), (6), (7) and (8) and this
    24  paragraph shall equal at least two percent (2.0%) of the amount
    25  in paragraph (1).
    26     Section 2502.48. 3 Basic Education Funding Oversight.--For
    27  the 2007-2008 school year and each school year thereafter, all
    28  of the following shall apply to any school district that
    29  receives a percentage increase in basic education funding from
    30  the prior school year greater than or equal to the lesser of two
    20070H1046B1223                  - 8 -     

     1  hundred percent (200%) of the percentage increase in the
     2  appropriation for basic education or ten percent (10%).
     3     (1)  Within 30 days of enactment of a general appropriations
     4  bill that includes an appropriation for basic education, the
     5  school district shall provide the department with information on
     6  its intended use of the increase in basic education funding on a
     7  form prescribed by the department.
     8     (2)  Within 15 days of receipt of such information, the
     9  department may make nonbinding recommendations to the school
    10  district for alternative utilization of the basic education
    11  funds.
    12     (3)  At the first meeting of the board of school directors
    13  that immediately follows receipt of any recommendations provided
    14  by the department, the school district shall make the
    15  recommendations public and may adopt any changes in its approved
    16  budget to implement such recommendations as the board of school
    17  directors determines to be appropriate.
    18     Section 3.  Section 2504.4 of the act is amended by adding a
    19  subsection to read:
    20     Section 2504.4.  Payments on Account of Limited English
    21  Proficiency Programs.--* * *
    22     (a.3)  To qualify for limited English proficiency payments
    23  under this section, a school district's 2007-2008 market
    24  value/income aid ratio must be equal to or greater than three
    25  thousand eight hundred ten-thousandths (.3800) and the number of
    26  enrolled students identified as limited English proficient in
    27  the 2005-2006 school year must be equal to or greater than three
    28  and one-half percent (3.5%) of the school district's 2005-2006
    29  average daily membership. The allocation under this section
    30  shall be paid in fiscal year 2007-2008 out of the appropriation
    20070H1046B1223                  - 9 -     

     1  for basic education funding and calculated for qualifying school
     2  districts as follows:
     3     (1)  Multiply the number of enrolled students identified as
     4  limited English proficient in the 2005-2006 school year by two
     5  million seven hundred thousand dollars ($2,700,000).
     6     (2)  Divide the product from paragraph (1) by the sum of
     7  enrolled students identified as limited English proficient for
     8  all qualifying school districts.
     9     Section 4.  This act shall take effect July 1, 2007, or
    10  immediately, whichever is later.














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