SENATE AMENDED PRIOR PRINTER'S NOS. 1304, 1911, 3873 PRINTER'S NO. 4199
No. 1067 Session of 2007
INTRODUCED BY MANN, BEYER, BRENNAN AND SAMUELSON, APRIL 18, 2007
SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JULY 4, 2008
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 transfer of <-- 6 records. IN PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR <-- 7 BACKGROUND CHECKS OF PROSPECTIVE EMPLOYEES AND CONVICTION OF 8 EMPLOYEES OF CERTAIN OFFENSES AND PROHIBITING CERTAIN 9 REGULATIONS FOR THE 2008-2009 SCHOOL YEAR; IN SCHOOL 10 FINANCES, FURTHER PROVIDING FOR ANNUAL BUDGET, ADDITIONAL OR 11 INCREASED APPROPRIATIONS AND TRANSFER OF FUNDS; IN PUPILS AND 12 ATTENDANCE, PROVIDING FOR CLASSROOM PLACEMENT OF TWINS AND 13 HIGHER ORDER MULTIPLES AND PARENTAL DISCRETION; IN SAFE 14 SCHOOLS, FURTHER PROVIDING FOR OFFICE FOR SAFE SCHOOLS, 15 PROVIDING FOR POLICY RELATING TO BULLYING, AND FURTHER 16 PROVIDING FOR TRANSFER OF RECORDS; IN EDUCATIONAL SUPPORT 17 SERVICES AND EDUCATIONAL ASSISTANCE PROGRAMS, FURTHER 18 PROVIDING FOR EDUCATIONAL ASSISTANCE PROGRAM; IN EARLY 19 LEARNING PROGRAMS, FURTHER PROVIDING FOR DEFINITIONS; IN HIGH 20 SCHOOLS, ESTABLISHING THE VIRTUAL HIGH SCHOOL STUDY 21 COMMISSION; IN CHARTER SCHOOLS, FURTHER PROVIDING FOR 22 REQUIREMENTS, FOR TERM AND FORM OF CHARTER, FOR FACILITIES, 23 FOR ENROLLMENT, FOR TRANSPORTATION AND FOR CAUSES FOR 24 NONRENEWAL OR TERMINATION; IN EDUCATION EMPOWERMENT, FURTHER 25 PROVIDING FOR BOARD OF SCHOOL DIRECTORS, FOR EDUCATION 26 EMPOWERMENT DISTRICTS AND FOR MANDATE WAIVER PROGRAM; IN 27 COMMUNITY COLLEGES, FURTHER PROVIDING FOR FINANCIAL PROGRAM 28 AND REIMBURSEMENT OF PAYMENTS; IN DISRUPTIVE STUDENT 29 PROGRAMS, FURTHER PROVIDING FOR DEFINITIONS AND FOR 30 APPLICATIONS; IN SYSTEM OF HIGHER EDUCATION, FURTHER 31 PROVIDING FOR ANNUAL REPORT; IN EDUCATIONAL IMPROVEMENT TAX 32 CREDIT, FURTHER PROVIDING FOR DEFINITIONS, FOR TAX CREDITS
1 AND FOR LIMITATIONS AND PROVIDING FOR STATE-RELATED 2 UNIVERSITY REPORTING; IN SCHOOL DISTRICTS OF THE FIRST CLASS, 3 FURTHER PROVIDING FOR BOARD OF PUBLIC EDUCATION AND 4 ADDITIONAL DUTIES; IN FUNDING FOR PUBLIC LIBRARIES, PROVIDING 5 FOR STATE AID FOR FISCAL YEAR 2008-2009; IN REIMBURSEMENTS BY 6 COMMONWEALTH AND BETWEEN SCHOOL DISTRICTS, FURTHER PROVIDING 7 FOR DEFINITIONS AND FOR FUNDING FOR PARTNERSHIP SCHOOLS, 8 PROVIDING FOR BASIC EDUCATION FUNDING FOR STUDENT ACHIEVEMENT 9 AND FOR ACCOUNTABILITY TO COMMONWEALTH TAXPAYERS FURTHER 10 PROVIDING FOR PAYMENTS TO INTERMEDIATE UNITS, FOR SPECIAL 11 EDUCATION PAYMENTS TO SCHOOL DISTRICTS, FOR COMMONWEALTH 12 REIMBURSEMENTS FOR CHARTER AND CYBER CHARTER SCHOOLS AND FOR 13 PENNSYLVANIA ACCOUNTABILITY GRANTS. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Section 1305-A of the act of March 10, 1949 <-- 17 (P.L.30, No.14), known as the Public School Code of 1949, added 18 June 30, 1995 (P.L.220, No.26), is amended to read: 19 Section 1305-A. Transfer of Records.--Whenever a pupil 20 transfers to another school entity or nonpublic school, a 21 certified copy of the student's disciplinary record shall be 22 transmitted to the school entity or nonpublic school to which 23 the pupil has transferred. The school entity or nonpublic school 24 to which the student has transferred should request the record. 25 The sending school entity or nonpublic school shall have ten 26 (10) days from receipt of the request to supply a certified copy 27 of the student's disciplinary record. The requirements of this 28 section apply as well to transfers between schools within the 29 same school entity. 30 Section 2. Section 1729-A(j) of the act, added June 19, 1997 <-- 31 (P.L.225, No.22), is amended to read: 32 Section 1729-A. Causes for Nonrenewal or Termination.--* * * 33 (j) When a charter is revoked or is not renewed, a student 34 who attended the charter school shall apply to another public 35 school in the student's school district of residence. Normal 36 application deadlines will be disregarded under these 20070H1067B4199 - 2 -
1 circumstances. All student records maintained by the charter 2 school shall be forwarded to the student's district of 3 residence[.] within ten (10) days of the revocation or 4 nonrenewal of the charter. 5 Section 3 2. This act shall take effect in 60 days. <-- 6 SECTION 1. SECTION 111(B) AND (C.1) OF THE ACT OF MARCH 10, <-- 7 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, 8 AMENDED DECEMBER 19, 1990 (P.L.1362, NO.211) AND JULY 20, 2007 9 (P.L.278, NO.45), ARE AMENDED AND THE SECTION IS AMENDED BY 10 ADDING A SUBSECTION TO READ: 11 SECTION 111. BACKGROUND CHECKS OF PROSPECTIVE EMPLOYES; 12 CONVICTION OF EMPLOYES OF CERTAIN OFFENSES.--* * * 13 (B) ADMINISTRATORS OF PUBLIC AND PRIVATE SCHOOLS, 14 INTERMEDIATE UNITS AND AREA VOCATIONAL-TECHNICAL SCHOOLS SHALL 15 REQUIRE PROSPECTIVE EMPLOYES TO SUBMIT WITH THEIR EMPLOYMENT 16 APPLICATION, PURSUANT TO 18 PA.C.S. CH.91 (RELATING TO CRIMINAL 17 HISTORY RECORD INFORMATION), A REPORT OF CRIMINAL HISTORY RECORD 18 INFORMATION FROM THE PENNSYLVANIA STATE POLICE OR A STATEMENT 19 FROM THE PENNSYLVANIA STATE POLICE THAT THE STATE POLICE CENTRAL 20 REPOSITORY CONTAINS NO SUCH INFORMATION RELATING TO THAT PERSON. 21 SUCH REPORT OF CRIMINAL HISTORY RECORD INFORMATION [SHALL BE 22 LIMITED TO THAT WHICH IS DISSEMINATED PURSUANT TO 18 PA.C.S. § 23 9121(B)(2) (RELATING TO GENERAL REGULATIONS) AND] SHALL BE NO 24 MORE THAN ONE (1) YEAR OLD. AN APPLICANT MAY SUBMIT A COPY OF 25 THE REQUIRED INFORMATION WITH THE APPLICATION FOR EMPLOYMENT. 26 ADMINISTRATORS SHALL MAINTAIN A COPY OF THE REQUIRED INFORMATION 27 [AND SHALL REQUIRE EACH APPLICANT TO PRODUCE THE ORIGINAL 28 DOCUMENT PRIOR TO EMPLOYMENT]. ADMINISTRATORS SHALL REQUIRE 29 CONTRACTORS TO PRODUCE [THE ORIGINAL DOCUMENT] A REPORT OF 30 CRIMINAL HISTORY RECORD INFORMATION FOR EACH PROSPECTIVE EMPLOYE 20070H1067B4199 - 3 -
1 OF SUCH CONTRACTOR PRIOR TO EMPLOYMENT. A COPY OF THE REPORT OF 2 CRIMINAL HISTORY RECORD INFORMATION FROM THE PENNSYLVANIA STATE 3 POLICE SHALL BE MADE AVAILABLE TO THE APPLICANT IN A MANNER 4 PRESCRIBED BY THE DEPARTMENT OF EDUCATION. 5 (C.1) BEGINNING APRIL 1, 2007, ADMINISTRATORS SHALL [REQUIRE 6 THE APPLICANT TO SUBMIT WITH] MAINTAIN ON FILE WITH THE 7 APPLICATION FOR EMPLOYMENT A COPY OF THE FEDERAL CRIMINAL 8 HISTORY RECORD IN A MANNER PRESCRIBED BY THE DEPARTMENT OF 9 EDUCATION. AT A MINIMUM, THE DEPARTMENT OF EDUCATION SHALL 10 PRESCRIBE A METHOD FOR APPLICANTS TO SUBMIT A SET OF 11 FINGERPRINTS TO BE TRANSMITTED TO THE FEDERAL BUREAU OF 12 INVESTIGATION FOR FEDERAL CRIMINAL HISTORY RECORD INFORMATION 13 PURSUANT TO THE [FEDERAL BUREAU OF INVESTIGATION APPROPRIATION 14 OF TITLE II OF PUBLIC LAW 92-544, 86 STAT. 1115. WHEN THE 15 APPLICANT PROVIDES A COPY OF THE] APPLICABLE FEDERAL LAW. THE 16 FEDERAL CRIMINAL HISTORY RECORD[, IT] INFORMATION REPORT SHALL 17 BE NO MORE THAN ONE (1) YEAR OLD. ADMINISTRATORS SHALL MAINTAIN 18 A COPY OF THE REQUIRED INFORMATION AND SHALL REQUIRE EACH 19 APPLICANT TO [PRODUCE] SECURE A FEDERAL CRIMINAL HISTORY RECORD 20 INFORMATION REPORT THAT MAY NOT BE MORE THAN ONE (1) YEAR OLD AT 21 THE TIME OF EMPLOYMENT. [THE ORIGINAL] A COPY OF THE FEDERAL 22 CRIMINAL HISTORY RECORD [SHALL BE RETURNED TO THE APPLICANT] 23 INFORMATION REPORT SHALL BE MADE AVAILABLE TO THE APPLICANT IN A 24 MANNER PRESCRIBED BY THE DEPARTMENT OF EDUCATION. 25 (C.2) THE PROVISIONS OF 18 PA.C.S. § 9121(B)(2) (RELATING TO 26 GENERAL REGULATIONS) SHALL NOT APPLY IF THE REQUEST IS MADE 27 PURSUANT TO THIS SECTION. 28 * * * 29 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 30 SECTION 117. PROHIBITION OF CERTAIN REGULATIONS FOR THE 20070H1067B4199 - 4 -
1 2008-2009 FISCAL YEAR.--NOTWITHSTANDING ANY PROVISION OF LAW TO 2 THE CONTRARY, IN THE 2008-2009 FISCAL YEAR, A REGULATION TO 3 CHANGE OR ESTABLISH HIGH SCHOOL GRADUATION REQUIREMENTS SHALL 4 NOT BE FURTHER PROMULGATED, APPROVED OR PROPOSED. 5 SECTION 3. SECTION 687(J) OF THE ACT, AMENDED JULY 20, 2007 6 (P.L.278, NO.45), IS AMENDED TO READ: 7 SECTION 687. ANNUAL BUDGET; ADDITIONAL OR INCREASED 8 APPROPRIATIONS; TRANSFER OF FUNDS.--* * * 9 (J) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ACT, THE 10 BOARD OF SCHOOL DIRECTORS OF EACH SCHOOL DISTRICT MAY REOPEN ITS 11 2003-2004 BUDGET, ITS 2004-2005 BUDGET, ITS 2005-2006 BUDGET, 12 ITS 2006-2007 BUDGET [OR], ITS 2007-2008 BUDGET OR ITS 2008-2009 13 BUDGET TO REFLECT ANY STATE ALLOCATIONS FOR FISCAL YEAR 2003- 14 2004, FISCAL YEAR 2004-2005, FISCAL YEAR 2005-2006, FISCAL YEAR 15 2006-2007 [OR], FISCAL YEAR 2007-2008 OR FISCAL YEAR 2008-2009 16 PROVIDED BY THE GENERAL ASSEMBLY THROUGH THIS ACT. 17 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 18 SECTION 1310.1. CLASSROOM PLACEMENT OF TWINS OR HIGHER ORDER 19 MULTIPLES; PARENTAL DISCRETION.--(A) FOR THE 2008-2009 SCHOOL 20 YEAR AND EACH SCHOOL YEAR THEREAFTER, A PARENT OR GUARDIAN OF 21 TWINS OR HIGHER ORDER MULTIPLES IN THE SAME GRADE LEVEL AT THE 22 SAME SCHOOL MAY REQUEST THAT THEIR CHILDREN BE PLACED IN THE 23 SAME CLASSROOM OR IN SEPARATE CLASSROOMS. THE SCHOOL MAY 24 RECOMMEND CLASSROOM PLACEMENT TO THE PARENTS AND PROVIDE 25 PROFESSIONAL EDUCATION ADVICE TO THE PARENTS TO ASSIST THEM IN 26 MAKING THE BEST DECISION FOR THEIR CHILDREN'S EDUCATION. EXCEPT 27 AS PROVIDED IN SUBSECTIONS (B) AND (C), A SCHOOL SHALL PROVIDE 28 THE CLASSROOM PLACEMENT OF TWINS OR HIGHER ORDER MULTIPLES 29 REQUESTED BY THE CHILDREN'S PARENT OR GUARDIAN, UNLESS, AFTER 30 CONSULTATION WITH THE SCHOOL DISTRICT SUPERINTENDENT OR THE 20070H1067B4199 - 5 -
1 SUPERINTENDENT'S DESIGNEE, THE PRINCIPAL DETERMINES THAT 2 ALTERNATIVE PLACEMENT IS NECESSARY. THE PARENT OR GUARDIAN MUST 3 REQUEST THE CLASSROOM PLACEMENT NO LATER THAN TEN (10) DAYS 4 AFTER THE FIRST DAY OF EACH SCHOOL YEAR OR TEN (10) DAYS AFTER 5 THE FIRST DAY OF ATTENDANCE OF THE CHILDREN DURING A SCHOOL YEAR 6 IF THE CHILDREN ARE ENROLLED IN THE SCHOOL AFTER THE SCHOOL YEAR 7 COMMENCES. 8 (B) IF THE PRINCIPAL OF THE SCHOOL, IN CONSULTATION WITH THE 9 TEACHER OF EACH CLASSROOM IN WHICH THE TWINS OR HIGHER ORDER 10 MULTIPLES ARE PLACED, DETERMINES THAT THE REQUESTED CLASSROOM 11 PLACEMENT IS DISRUPTIVE TO THE CLASSROOM, THE PRINCIPAL MAY 12 DETERMINE THE APPROPRIATE CLASSROOM PLACEMENT FOR THE SIBLINGS. 13 (C) A SCHOOL DISTRICT IS NOT REQUIRED TO PLACE TWINS OR 14 HIGHER ORDER MULTIPLES IN SEPARATE CLASSROOMS IF THE REQUEST 15 WOULD REQUIRE THE SCHOOL DISTRICT TO ADD AN ADDITIONAL CLASS TO 16 THE GRADE LEVEL OF THE SIBLINGS. 17 (D) A PARENT MAY APPEAL THE PRINCIPAL'S CLASSROOM PLACEMENT 18 OF TWINS OR HIGHER ORDER MULTIPLES IN THE MANNER PROVIDED BY 19 SCHOOL DISTRICT POLICY. 20 (E) FOR PURPOSES OF THIS SECTION, "HIGHER ORDER MULTIPLES" 21 MEANS TRIPLETS, QUADRUPLETS, QUINTUPLETS OR LARGER GROUPS OF 22 SIBLINGS RESULTING FROM THE SAME DELIVERY. 23 SECTION 5. SECTION 1302-A(C) OF THE ACT, AMENDED JUNE 26, 24 1999 (P.L.394, NO.36), IS AMENDED TO READ: 25 SECTION 1302-A. OFFICE FOR SAFE SCHOOLS.--* * * 26 (C) IN ADDITION TO THE POWERS AND DUTIES SET FORTH UNDER 27 SUBSECTION (A), THE OFFICE IS AUTHORIZED TO MAKE TARGETED GRANTS 28 TO SCHOOLS TO FUND PROGRAMS WHICH ADDRESS SCHOOL VIOLENCE, 29 INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING PROGRAMS: 30 (1) CONFLICT RESOLUTION OR DISPUTE MANAGEMENT. 20070H1067B4199 - 6 -
1 (2) PEER HELPERS PROGRAMS. 2 (3) RISK ASSESSMENT, SAFETY-RELATED OR VIOLENCE PREVENTION 3 CURRICULA. 4 (4) CLASSROOM MANAGEMENT. 5 (5) STUDENT CODES OF CONDUCT. 6 (6) TRAINING TO UNDERTAKE A DISTRICTWIDE ASSESSMENT OF RISK 7 FACTORS THAT INCREASE THE LIKELIHOOD OF PROBLEM BEHAVIORS AMONG 8 STUDENTS. 9 (7) DEVELOPMENT AND IMPLEMENTATION OF RESEARCH-BASED 10 VIOLENCE PREVENTION PROGRAMS THAT ADDRESS RISK FACTORS TO REDUCE 11 INCIDENTS OF PROBLEM BEHAVIORS AMONG STUDENTS INCLUDING, BUT NOT 12 LIMITED TO, BULLYING. 13 (8) COMPREHENSIVE, DISTRICTWIDE SCHOOL SAFETY AND VIOLENCE 14 PREVENTION PLANS. 15 (9) SECURITY PLANNING, PURCHASE OF SECURITY-RELATED 16 TECHNOLOGY WHICH MAY INCLUDE METAL DETECTORS, PROTECTIVE 17 LIGHTING, SURVEILLANCE EQUIPMENT, SPECIAL EMERGENCY 18 COMMUNICATIONS EQUIPMENT, ELECTRONIC LOCKSETS, DEADBOLTS AND 19 THEFT CONTROL DEVICES AND TRAINING IN THE USE OF SECURITY- 20 RELATED TECHNOLOGY. SECURITY PLANNING AND PURCHASE OF SECURITY- 21 RELATED TECHNOLOGY SHALL BE BASED ON SAFETY NEEDS IDENTIFIED BY 22 THE SCHOOL ENTITY'S BOARD OF DIRECTORS. 23 (10) INSTITUTION OF STUDENT, STAFF AND VISITOR 24 IDENTIFICATION SYSTEMS. 25 (11) ESTABLISHMENT OR ENHANCEMENT OF SCHOOL SECURITY 26 PERSONNEL, INCLUDING SCHOOL RESOURCE OFFICERS. 27 (12) PROVISION OF SPECIALIZED STAFF AND STUDENT TRAINING 28 PROGRAMS, INCLUDING TRAINING FOR STUDENT ASSISTANCE PROGRAM TEAM 29 MEMBERS IN ELEMENTARY, MIDDLE AND HIGH SCHOOLS IN THE REFERRAL 30 OF STUDENTS AT RISK OF VIOLENT BEHAVIOR TO APPROPRIATE 20070H1067B4199 - 7 -
1 COMMUNITY-BASED SERVICES, INCLUDING MENTAL HEALTH SERVICES. 2 (13) ALTERNATIVE EDUCATION PROGRAMS PROVIDED FOR IN ARTICLE 3 XIX-C. 4 (14) COUNSELING SERVICES FOR STUDENTS ENROLLED IN 5 ALTERNATIVE EDUCATION PROGRAMS. 6 * * * 7 SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 8 SECTION 1303.1-A. POLICY RELATING TO BULLYING.--(A) NO 9 LATER THAN JANUARY 1, 2009, EACH SCHOOL ENTITY SHALL ADOPT A 10 POLICY OR AMEND ITS EXISTING POLICY RELATING TO BULLYING AND 11 INCORPORATE THE POLICY INTO THE SCHOOL ENTITY'S CODE OF STUDENT 12 CONDUCT REQUIRED UNDER 22 PA. CODE § 12.3(C) (RELATING TO SCHOOL 13 RULES). THE POLICY SHALL DELINEATE DISCIPLINARY CONSEQUENCES FOR 14 BULLYING AND MAY PROVIDE FOR PREVENTION, INTERVENTION AND 15 EDUCATION PROGRAMS, PROVIDED THAT NO SCHOOL ENTITY SHALL BE 16 REQUIRED TO ESTABLISH A NEW POLICY UNDER THIS SECTION IF ONE 17 CURRENTLY EXISTS AND REASONABLY FULFILLS THE REQUIREMENTS OF 18 THIS SECTION. THE POLICY SHALL IDENTIFY THE APPROPRIATE SCHOOL 19 STAFF PERSON TO RECEIVE REPORTS OF INCIDENTS OF ALLEGED 20 BULLYING. 21 (B) EACH SCHOOL ENTITY SHALL MAKE THE POLICY AVAILABLE ON 22 ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE, IF AVAILABLE, AND IN 23 EVERY CLASSROOM. EACH SCHOOL ENTITY SHALL POST THE POLICY AT A 24 PROMINENT LOCATION WITHIN EACH SCHOOL BUILDING WHERE SUCH 25 NOTICES ARE USUALLY POSTED. EACH SCHOOL ENTITY SHALL ENSURE THAT 26 THE POLICY AND PROCEDURES FOR REPORTING BULLYING INCIDENTS ARE 27 REVIEWED WITH STUDENTS WITHIN NINETY (90) DAYS AFTER THEIR 28 ADOPTION AND THEREAFTER AT LEAST ONCE EACH SCHOOL YEAR. 29 (C) EACH SCHOOL ENTITY SHALL REVIEW ITS POLICY EVERY THREE 30 (3) YEARS AND ANNUALLY PROVIDE THE OFFICE WITH A COPY OF ITS 20070H1067B4199 - 8 -
1 POLICY RELATING TO BULLYING, INCLUDING INFORMATION RELATED TO 2 THE DEVELOPMENT AND IMPLEMENTATION OF ANY BULLYING PREVENTION, 3 INTERVENTION AND EDUCATION PROGRAMS. THE INFORMATION REQUIRED 4 UNDER THIS SUBSECTION SHALL BE ATTACHED TO OR MADE PART OF THE 5 ANNUAL REPORT REQUIRED UNDER SECTION 1303-A(B). 6 (D) IN ITS POLICY RELATING TO BULLYING ADOPTED OR MAINTAINED 7 UNDER SUBSECTION (A), A SCHOOL ENTITY SHALL NOT BE PROHIBITED 8 FROM DEFINING BULLYING IN SUCH A WAY AS TO ENCOMPASS ACTS THAT 9 OCCUR OUTSIDE A SCHOOL SETTING IF THOSE ACTS MEET THE 10 REQUIREMENTS CONTAINED IN SUBSECTION (E)(1), (3) AND (4). IF A 11 SCHOOL ENTITY REPORTS ACTS OF BULLYING TO THE OFFICE IN 12 ACCORDANCE WITH SECTION 1303-A(B), IT SHALL REPORT ALL INCIDENTS 13 THAT QUALIFY AS BULLYING UNDER THE ENTITY'S ADOPTED DEFINITION 14 OF THAT TERM. 15 (E) FOR PURPOSES OF THIS ARTICLE, "BULLYING" SHALL MEAN AN 16 INTENTIONAL ELECTRONIC, WRITTEN, VERBAL OR PHYSICAL ACT, OR A 17 SERIES OF ACTS: 18 (1) DIRECTED AT ANOTHER STUDENT OR STUDENTS; 19 (2) WHICH OCCURS IN A SCHOOL SETTING; 20 (3) THAT IS SEVERE, PERSISTENT OR PERVASIVE; AND 21 (4) THAT HAS THE EFFECT OF DOING ANY OF THE FOLLOWING: 22 (I) SUBSTANTIALLY INTERFERING WITH A STUDENT'S EDUCATION; 23 (II) CREATING A THREATENING ENVIRONMENT; OR 24 (III) SUBSTANTIALLY DISRUPTING THE ORDERLY OPERATION OF THE 25 SCHOOL; AND 26 "SCHOOL SETTING" SHALL MEAN IN THE SCHOOL, ON SCHOOL GROUNDS, 27 IN SCHOOL VEHICLES, AT A DESIGNATED BUS STOP OR AT ANY ACTIVITY 28 SPONSORED, SUPERVISED OR SANCTIONED BY THE SCHOOL. 29 SECTION 6.1. SECTION 1305-A OF THE ACT, ADDED JUNE 30, 1995 30 (P.L.220, NO.26), IS AMENDED TO READ: 20070H1067B4199 - 9 -
1 SECTION 1305-A. TRANSFER OF RECORDS.--WHENEVER A PUPIL 2 TRANSFERS TO ANOTHER SCHOOL ENTITY OR NONPUBLIC SCHOOL, A 3 CERTIFIED COPY OF THE STUDENT'S DISCIPLINARY RECORD SHALL BE 4 TRANSMITTED TO THE SCHOOL ENTITY OR NONPUBLIC SCHOOL TO WHICH 5 THE PUPIL HAS TRANSFERRED. THE SCHOOL ENTITY OR NONPUBLIC SCHOOL 6 TO WHICH THE STUDENT HAS TRANSFERRED SHOULD REQUEST THE RECORD. 7 THE SENDING SCHOOL ENTITY OR NONPUBLIC SCHOOL SHALL HAVE TEN 8 (10) DAYS FROM RECEIPT OF THE REQUEST TO SUPPLY A CERTIFIED COPY 9 OF THE STUDENT'S DISCIPLINARY RECORD. THE REQUIREMENTS OF THIS 10 SECTION APPLY AS WELL TO TRANSFERS BETWEEN SCHOOLS WITHIN THE 11 SAME SCHOOL ENTITY. 12 SECTION 7. SECTION 1512-C(G) OF THE ACT, AMENDED JULY 20, 13 2007 (P.L.278, NO.45), IS AMENDED AND THE SECTION IS AMENDED BY 14 ADDING A SUBSECTION TO READ: 15 SECTION 1512-C. EDUCATIONAL ASSISTANCE PROGRAM. 16 * * * 17 (G) EDUCATIONAL ASSISTANCE FUNDING.-- 18 (1) DURING THE 2003-2004, 2004-2005, 2005-2006, 2006- 19 2007 [AND], 2007-2008 AND 2008-2009 SCHOOL YEARS, THE 20 DEPARTMENT SHALL PROVIDE EACH ELIGIBLE SCHOOL ENTITY WITH 21 EDUCATIONAL ASSISTANCE FUNDING CALCULATED BY: 22 (I) DIVIDING THE NUMBER OF PENNSYLVANIA SYSTEM OF 23 SCHOOL ASSESSMENT TESTS ADMINISTERED IN THE ELIGIBLE 24 SCHOOL ENTITY ON WHICH STUDENTS SCORED BELOW PROFICIENT 25 IN READING OR MATHEMATICS BY THE TOTAL NUMBER OF 26 PENNSYLVANIA SYSTEM OF SCHOOL ASSESSMENT TESTS 27 ADMINISTERED IN THE ELIGIBLE SCHOOL ENTITY IN READING AND 28 MATHEMATICS DURING THE 2002-2003 SCHOOL YEAR. 29 (II) MULTIPLYING THE QUOTIENT FROM SUBPARAGRAPH (I) 30 BY THE AVERAGE DAILY MEMBERSHIP OF THE ELIGIBLE SCHOOL 20070H1067B4199 - 10 -
1 ENTITY DURING THE 2002-2003 SCHOOL YEAR. 2 (III) MULTIPLYING THE PRODUCT FROM SUBPARAGRAPH (II) 3 BY THE DOLLAR VALUE OF FUNDS APPROPRIATED TO THE 4 DEPARTMENT OF EDUCATION FOR THE EDUCATIONAL ASSISTANCE 5 PROGRAM IN THE 2004-2005 FISCAL YEAR. 6 (IV) DIVIDING THE PRODUCT FROM SUBPARAGRAPH (III) BY 7 THE SUM OF THE PRODUCTS OF SUBPARAGRAPH (II) FOR ALL 8 ELIGIBLE SCHOOL ENTITIES THAT QUALIFY FOR GRANT FUNDS 9 UNDER THIS PARAGRAPH. 10 (1.1) DURING THE 2005-2006, 2006-2007 [AND], 2007-2008 11 AND 2008-2009 SCHOOL YEARS, THE DEPARTMENT SHALL PROVIDE EACH 12 SCHOOL ENTITY WITH AT LEAST ONE SCHOOL THAT HAS FAILED TO 13 ACHIEVE ITS 2005 MATHEMATICS PROFICIENCY TARGET OR ITS 2005 14 READING PROFICIENCY TARGET WITH EDUCATIONAL ASSISTANCE 15 FUNDING FOR THE SUPPORT OF TUTORING SERVICES TO ELIGIBLE 16 STUDENTS ENROLLED IN SEVENTH THROUGH TWELFTH GRADES. SUCH 17 FUNDING SHALL BE CALCULATED AS FOLLOWS: 18 (I) DIVIDING THE NUMBER OF PENNSYLVANIA SYSTEM OF 19 SCHOOL ASSESSMENT TESTS ADMINISTERED IN THE ELIGIBLE 20 SCHOOL ENTITY TO ELEVENTH GRADE STUDENTS ON WHICH SUCH 21 STUDENTS SCORED BELOW THE 2005 READING OR MATHEMATICS 22 PROFICIENCY TARGET BY THE TOTAL NUMBER OF PENNSYLVANIA 23 SYSTEM OF SCHOOL ASSESSMENT TESTS ADMINISTERED IN THE 24 ELIGIBLE SCHOOL ENTITY TO ELEVENTH GRADE STUDENTS IN 25 READING AND MATHEMATICS DURING THE 2003-2004 SCHOOL YEAR. 26 (II) MULTIPLYING THE QUOTIENT FROM SUBPARAGRAPH (I) 27 BY THE AVERAGE DAILY MEMBERSHIP OF THE ELIGIBLE SCHOOL 28 ENTITY DURING THE 2004-2005 SCHOOL YEAR. 29 (III) MULTIPLYING THE PRODUCT FROM SUBPARAGRAPH (II) 30 BY THE DIFFERENCE BETWEEN THE DOLLAR VALUE OF FUNDS 20070H1067B4199 - 11 -
1 APPROPRIATED TO THE DEPARTMENT FOR THE EDUCATIONAL 2 ASSISTANCE PROGRAM IN THE 2004-2005 FISCAL YEAR AND THE 3 DOLLAR VALUE OF FUNDS APPROPRIATED TO THE DEPARTMENT FOR 4 THE EDUCATIONAL ASSISTANCE PROGRAM IN THE 2007-2008 5 FISCAL YEAR. 6 (IV) DIVIDING THE PRODUCT FROM SUBPARAGRAPH (III) BY 7 THE SUM OF THE PRODUCTS OF SUBPARAGRAPH (II) FOR ALL 8 ELIGIBLE SCHOOL ENTITIES THAT QUALIFY FOR GRANT FUNDS 9 UNDER THIS PARAGRAPH. 10 (2) THE AMOUNT OF EDUCATIONAL ASSISTANCE FUNDING 11 PROVIDED UNDER THIS ARTICLE SHALL BE LIMITED TO FUNDS 12 APPROPRIATED FOR THIS PURPOSE. 13 * * * 14 (J) PRO RATA DISTRIBUTION.--FOR THE 2008-2009 FISCAL YEAR, 15 IF INSUFFICIENT FUNDS ARE APPROPRIATED TO MAKE COMMONWEALTH 16 PAYMENTS PURSUANT TO THIS SECTION, SUCH PAYMENTS SHALL BE MADE 17 ON A PRO RATA BASIS. 18 SECTION 8. THE DEFINITION OF "ELIGIBLE PROVIDER" IN SECTION 19 1511-D OF THE ACT, ADDED JULY 20, 2007 (P.L.278, NO.45), IS 20 AMENDED TO READ: 21 SECTION 1511-D. DEFINITIONS. 22 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBARTICLE 23 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 24 CONTEXT CLEARLY INDICATES OTHERWISE: 25 * * * 26 "ELIGIBLE PROVIDER." ANY OF THE FOLLOWING ENTITIES IF THE 27 ENTITY COMPLIES WITH ALL QUALITY PROGRAM STANDARDS ESTABLISHED 28 BY THE DEPARTMENT OF EDUCATION: 29 (1) A SCHOOL DISTRICT. 30 (2) A HEAD START PROGRAM. 20070H1067B4199 - 12 -
1 (3) A NURSERY SCHOOL LICENSED UNDER THE ACT OF JANUARY 2 28, 1988 (P.L.24, NO.11), KNOWN AS THE PRIVATE ACADEMIC 3 SCHOOLS ACT. 4 (4) [A] ONE OF THE FOLLOWING: 5 (I) PRIOR TO JULY 1, 2009, A CHILD DAY CARE CENTER 6 OR A GROUP DAY CARE HOME THAT HAS MET OR EXCEEDED THE 7 STANDARDS OF STAR 2 UNDER THE KEYSTONE STARS QUALITY 8 RATING SYSTEM ESTABLISHED BY THE DEPARTMENT OF PUBLIC 9 WELFARE. 10 (II) AFTER JUNE 30, 2009, A CHILD DAY CARE CENTER OR 11 A GROUP DAY CARE HOME THAT HAS MET OR EXCEEDED THE 12 STANDARDS OF STAR 3 UNDER THE KEYSTONE STARS QUALITY 13 RATING SYSTEM ESTABLISHED BY THE DEPARTMENT OF PUBLIC 14 WELFARE. ANY APPROVED PROVIDER UNDER THIS SUBPARAGRAPH 15 WHICH HAS APPLIED FOR A STAR 3 RATING AND WHICH 16 APPLICATION HAS NOT BEEN APPROVED OR REJECTED BY THE 17 DEPARTMENT AS OF JUNE 30, 2009, SHALL REMAIN ELIGIBLE FOR 18 THE PROGRAM UNTIL SUCH APPLICATION IS REJECTED. 19 * * * 20 SECTION 9. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 21 SECTION 1615. VIRTUAL HIGH SCHOOL STUDY COMMISSION.--(A) 22 THE VIRTUAL HIGH SCHOOL STUDY COMMISSION IS ESTABLISHED WITHIN 23 THE DEPARTMENT OF EDUCATION TO EXAMINE THE FEASIBILITY AND COSTS 24 ASSOCIATED WITH CREATING A STATE-OPERATED, INTERNET-BASED HIGH 25 SCHOOL, TO BE KNOWN AS THE PENNSYLVANIA VIRTUAL HIGH SCHOOL, 26 WHICH WOULD PROVIDE SECONDARY STUDENTS THROUGHOUT THIS 27 COMMONWEALTH WITH ACCESS TO A WIDE RANGE OF LEARNING SERVICES TO 28 INCLUDE, AT A MINIMUM: 29 (1) EXPANDED CURRICULAR OFFERINGS SUCH AS HIGHER LEVEL 30 MATHEMATICS AND SCIENCE COURSES, FOREIGN LANGUAGE COURSES AND 20070H1067B4199 - 13 -
1 ADVANCED PLACEMENT COURSES. 2 (2) INCREASED OPTIONS FOR CONCURRENT ENROLLMENT IN HIGHER 3 EDUCATION. 4 (3) SCHOLASTIC APTITUDE TESTING PREPARATION PROGRAMS. 5 (4) SUMMER ENRICHMENT AND TUTORING COURSES. 6 (5) INCREASED INSTRUCTIONAL OPTIONS FOR AT-RISK STUDENTS, 7 HOME-BOUND AND ALTERNATIVE EDUCATION STUDENTS. 8 (6) EXPANDED OFFERINGS FOR GIFTED AND TALENTED STUDENTS. 9 (7) ESTABLISHMENT OF LINKAGES BETWEEN STUDENTS AND 10 PROSPECTIVE EMPLOYERS INCLUDING THOSE OFFERING HIGH SCHOOL 11 INTERNSHIPS AND APPRENTICESHIPS. 12 (8) ESTABLISHMENT OF PROGRAMS OR SERVICES TO OFFER STUDENTS 13 AT RISK OF DROPPING OUT OR WHO HAVE DROPPED OUT AN OPPORTUNITY 14 TO OBTAIN A HIGH SCHOOL DIPLOMA. 15 (B) THE VIRTUAL HIGH SCHOOL STUDY COMMISSION SHALL CONSIST 16 OF THE FOLLOWING MEMBERS: 17 (1) THE MAJORITY CHAIRMAN AND THE MINORITY CHAIRMAN OF THE 18 EDUCATION COMMITTEE OF THE SENATE AND THE MAJORITY CHAIRMAN AND 19 THE MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE HOUSE OF 20 REPRESENTATIVES. 21 (2) TWO MEMBERS OF THE SENATE, ONE EACH TO BE CHOSEN BY THE 22 PRESIDENT PRO TEMPORE AND MINORITY LEADER OF THE SENATE. 23 (3) TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, ONE EACH TO 24 BE CHOSEN BY THE MAJORITY LEADER AND MINORITY LEADER OF THE 25 HOUSE OF REPRESENTATIVES. 26 (4) THE SECRETARY OF EDUCATION OR A DESIGNEE. 27 (5) THE CHAIRMAN OF THE STATE BOARD OF EDUCATION OR A 28 DESIGNEE WHO IS A MEMBER OF THE STATE BOARD OF EDUCATION. 29 (6) THE CHANCELLOR OF THE STATE SYSTEM OF HIGHER EDUCATION 30 OR A DESIGNEE. 20070H1067B4199 - 14 -
1 (7) THE PRESIDENTS OF EACH OF THE COMMONWEALTH'S FOUR STATE- 2 RELATED UNIVERSITIES OR THEIR DESIGNEES. 3 (8) THE PRESIDENT OF THE PENNSYLVANIA COMMISSION FOR 4 COMMUNITY COLLEGES OR A DESIGNEE. 5 (9) THE PRESIDENT OF THE ASSOCIATION OF INDEPENDENT COLLEGES 6 AND UNIVERSITIES OF PENNSYLVANIA OR A DESIGNEE. 7 (10) THE PRESIDENT OF THE PENNSYLVANIA ASSOCIATION OF SCHOOL 8 ADMINISTRATORS OR A DESIGNEE. 9 (11) THE PRESIDENT OF THE PENNSYLVANIA ASSOCIATION OF 10 ELEMENTARY AND SECONDARY SCHOOL PRINCIPALS OR A DESIGNEE. 11 (12) THE PRESIDENT OF THE PENNSYLVANIA ASSOCIATION OF 12 INTERMEDIATE UNITS OR A DESIGNEE. 13 (13) THE PRESIDENT OF THE PENNSYLVANIA ASSOCIATION OF RURAL 14 AND SMALL SCHOOLS OR A DESIGNEE. 15 (14) THE PRESIDENT OF THE PENNSYLVANIA LEAGUE OF URBAN 16 SCHOOLS OR A DESIGNEE. 17 (15) THE PRESIDENT OF THE PENNSYLVANIA FEDERATION OF 18 TEACHERS OR A DESIGNEE. 19 (16) THE PRESIDENT OF THE PENNSYLVANIA STATE EDUCATION 20 ASSOCIATION OR A DESIGNEE. 21 (17) THE PRESIDENT OF THE PENNSYLVANIA SCHOOL BOARDS 22 ASSOCIATION OR A DESIGNEE. 23 (18) THE PRESIDENT OF THE PENNSYLVANIA PARENT TEACHER 24 ASSOCIATION OR A DESIGNEE. 25 (19) THE PRESIDENT OF THE PENNSYLVANIA CHAMBER OF BUSINESS 26 AND INDUSTRY OR A DESIGNEE. 27 (20) TWO REPRESENTATIVES OF PENNSYLVANIA'S BROADBAND CABLE 28 INDUSTRY; ONE EACH TO BE SELECTED BY THE PRESIDENT PRO TEMPORE 29 OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. 30 (21) TWO CHIEF EXECUTIVE OFFICERS OF CYBER CHARTER SCHOOLS 20070H1067B4199 - 15 -
1 APPROVED PURSUANT TO SUBDIVISION (C) OF ARTICLE XVII-A, SELECTED 2 BY THE PENNSYLVANIA COALITION OF CHARTER SCHOOLS FROM AMONG 3 CYBER CHARTER SCHOOLS APPROVED PURSUANT TO SUBDIVISION (C) OF 4 ARTICLE XVII-A. 5 MEMBERS OF THE COMMISSION SHALL BE APPOINTED WITHIN FORTY-FIVE 6 (45) DAYS OF THE EFFECTIVE DATE OF THIS SECTION. 7 (C) ANY VACANCY ON THE VIRTUAL HIGH SCHOOL STUDY COMMISSION 8 SHALL BE FILLED BY THE ORIGINAL APPOINTING OFFICER OR AGENCY. 9 (D) THE VIRTUAL HIGH SCHOOL STUDY COMMISSION SHALL SELECT A 10 CHAIRMAN AND VICE CHAIRMAN FROM AMONG ITS MEMBERSHIP AT AN 11 ORGANIZATIONAL MEETING. THE ORGANIZATIONAL MEETING SHALL TAKE 12 PLACE NO LATER THAN NINETY (90) DAYS FOLLOWING THE EFFECTIVE 13 DATE OF THIS SECTION. 14 (E) THE VIRTUAL HIGH SCHOOL STUDY COMMISSION SHALL HOLD 15 MEETINGS AT THE CALL OF THE CHAIRMAN. THE COMMISSION MAY ALSO 16 HOLD PUBLIC HEARINGS ON THE MATTERS TO BE CONSIDERED BY THE 17 COMMISSION AT LOCATIONS THROUGHOUT THIS COMMONWEALTH. ALL 18 MEETINGS AND PUBLIC HEARINGS OF THE COMMISSION SHALL BE DEEMED 19 PUBLIC MEETINGS FOR THE PURPOSE OF 65 PA.C.S. CH. 7 (RELATING TO 20 OPEN MEETINGS). 21 (F) SIXTEEN (16) MEMBERS OF THE VIRTUAL HIGH SCHOOL STUDY 22 COMMISSION SHALL CONSTITUTE A QUORUM AT ANY MEETING. EACH MEMBER 23 OF THE COMMISSION MAY DESIGNATE ANOTHER PERSON TO REPRESENT THAT 24 MEMBER AT MEETINGS OF THE COMMISSION. 25 (G) VIRTUAL HIGH SCHOOL STUDY COMMISSION MEMBERS SHALL 26 RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE 27 REIMBURSED FOR ALL NECESSARY TRAVEL AND OTHER REASONABLE 28 EXPENSES INCURRED IN CONNECTION WITH THE PERFORMANCE OF THEIR 29 DUTIES AS MEMBERS. 30 (H) (1) THE VIRTUAL HIGH SCHOOL STUDY COMMISSION MAY EMPLOY 20070H1067B4199 - 16 -
1 TECHNICAL AND CLERICAL STAFF AS IT DEEMS NECESSARY TO CARRY OUT 2 ITS RESPONSIBILITIES UNDER THIS SECTION. 3 (2) THE DEPARTMENT OF EDUCATION SHALL PROVIDE ADMINISTRATIVE 4 SUPPORT, OFFICE SPACE AND ANY OTHER ASSISTANCE REQUIRED BY THE 5 COMMISSION TO CARRY OUT ITS DUTIES UNDER THIS ACT. 6 (3) WHENEVER POSSIBLE, THE COMMISSION SHALL UTILIZE THE 7 SERVICES AND EXPERTISE OF EXISTING PERSONNEL AND STAFF OF STATE 8 GOVERNMENT AND TO THIS END THE GOVERNOR, THE PRESIDENT PRO 9 TEMPORE OF THE SENATE AND MINORITY LEADER OF THE SENATE AND THE 10 SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE MINORITY LEADER 11 OF THE HOUSE OF REPRESENTATIVES SHALL MAKE SUCH PERSONNEL AND 12 STAFF AVAILABLE TO THE COMMISSION TO THE FULLEST EXTENT 13 COMMENSURATE WITH THE PERFORMANCE OF THEIR OTHER DUTIES. 14 (I) THE VIRTUAL HIGH SCHOOL STUDY COMMISSION SHALL HAVE THE 15 FOLLOWING POWERS AND DUTIES: 16 (1) MEETING WITH ALL SEGMENTS OF THE BASIC AND HIGHER 17 EDUCATION COMMUNITIES, REPRESENTATIVES OF THE STATE'S BUSINESS 18 AND LABOR COMMUNITIES AND INTERNET SERVICE PROVIDERS OPERATING 19 WITHIN THIS COMMONWEALTH TO DISCUSS THEIR POTENTIAL INVOLVEMENT 20 IN THE OPERATION OF A STATE VIRTUAL HIGH SCHOOL PROGRAM. 21 (2) MEETING WITH CURRENT OPERATORS OF INTERNET-BASED 22 EDUCATIONAL PROGRAMS OPERATING WITHIN THIS COMMONWEALTH 23 INCLUDING THOSE OPERATED BY SCHOOL DISTRICTS, INTERMEDIATE UNITS 24 AND BLENDED SCHOOL PROGRAMS. 25 (3) REVIEWING STATE-OPERATED VIRTUAL HIGH SCHOOL PROGRAMS 26 ALREADY IN OPERATION THROUGHOUT THE UNITED STATES. 27 (4) EVALUATING AND MAKING RECOMMENDATIONS ON THE FOLLOWING: 28 (I) AN AGENCY OR INSTITUTION TO BE RESPONSIBLE FOR 29 ADMINISTRATION OF THE SCHOOL AND OVERSIGHT OF DAY-TO-DAY 30 OPERATIONS. 20070H1067B4199 - 17 -
1 (II) COURSES TO BE OFFERED, INCLUDING HOW THEY WILL BE 2 DETERMINED AND ASSESSED. 3 (III) FACULTY, INCLUDING SALARIES, CERTIFICATION, TRAINING, 4 PROFESSIONAL DEVELOPMENT AND EVALUATION. 5 (IV) POLICIES FOR AWARDING OF CREDITS. 6 (V) ASSURING MAXIMUM ACCESSIBILITY TO HIGH SCHOOL STUDENTS 7 IN ALL GEOGRAPHIC LOCATIONS. 8 (VI) STUDENT ENROLLMENT, VERIFICATION OF ATTENDANCE AND 9 PERFORMANCE ASSESSMENT. 10 (VII) PROGRAM ACCOUNTABILITY. 11 (VIII) METHODS FOR FUNDING, INCLUDING COST ESTIMATES. 12 (IX) INTERNET FILTERING, BLOCKING AND OTHER SECURITY ISSUES. 13 (X) INTELLECTUAL PROPERTY ISSUES SUCH AS PATENTS, COPYRIGHTS 14 AND TRADEMARKS. 15 (XI) ADAPTATION AND ACCESSIBILITY FOR STUDENTS WITH 16 DISABILITIES. 17 (XII) SUCH OTHER ISSUES AS IT DEEMS APPROPRIATE. 18 (J) THE VIRTUAL HIGH SCHOOL STUDY COMMISSION SHALL ISSUE A 19 REPORT OF ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR, THE 20 PRESIDENT PRO TEMPORE OF THE SENATE AND MINORITY LEADER OF THE 21 SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE 22 MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, THE MAJORITY 23 CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE 24 SENATE AND THE MAJORITY CHAIRMAN AND MINORITY CHAIRMAN OF THE 25 EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES NO LATER 26 THAN DECEMBER 31, 2009. 27 SECTION 10. SECTION 1715-A OF THE ACT IS AMENDED BY ADDING A 28 CLAUSE TO READ: 29 SECTION 1715-A. CHARTER SCHOOL REQUIREMENTS.--CHARTER 30 SCHOOLS SHALL BE REQUIRED TO COMPLY WITH THE FOLLOWING 20070H1067B4199 - 18 -
1 PROVISIONS: 2 * * * 3 (12) A PERSON WHO SERVES AS AN ADMINISTRATOR FOR A CHARTER 4 SCHOOL SHALL NOT RECEIVE COMPENSATION FROM ANOTHER CHARTER 5 SCHOOL OR FROM A COMPANY THAT PROVIDES MANAGEMENT OR OTHER 6 SERVICES TO ANOTHER CHARTER SCHOOL. THE TERM "ADMINISTRATOR" 7 SHALL INCLUDE THE CHIEF EXECUTIVE OFFICER OF A CHARTER SCHOOL 8 AND ALL OTHER EMPLOYES OF A CHARTER SCHOOL WHO BY VIRTUE OF 9 THEIR POSITIONS EXERCISE MANAGEMENT OR OPERATIONAL OVERSIGHT 10 RESPONSIBILITIES. A PERSON WHO SERVES AS AN ADMINISTRATOR FOR A 11 CHARTER SCHOOL SHALL BE A PUBLIC OFFICIAL UNDER 65 PA.C.S. CH. 12 11 (RELATING TO ETHICS STANDARDS AND FINANCIAL DISCLOSURE). A 13 VIOLATION OF THIS CLAUSE SHALL CONSTITUTE A VIOLATION OF 65 14 PA.C.S. § 1103(A) (RELATING TO RESTRICTED ACTIVITIES), AND THE 15 VIOLATOR SHALL BE SUBJECT TO THE PENALTIES IMPOSED UNDER THE 16 JURISDICTION OF THE STATE ETHICS COMMISSION. 17 SECTION 11. SECTION 1720-A OF THE ACT, ADDED JUNE 19, 1997 18 (P.L.225, NO.22), IS AMENDED TO READ: 19 SECTION 1720-A. TERM AND FORM OF CHARTER.--(A) UPON 20 APPROVAL OF A CHARTER APPLICATION UNDER SECTION 1717-A, A 21 WRITTEN CHARTER SHALL BE DEVELOPED WHICH SHALL CONTAIN THE 22 PROVISIONS OF THE CHARTER APPLICATION AND WHICH SHALL BE SIGNED 23 BY THE LOCAL BOARD OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT, BY 24 THE LOCAL BOARDS OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT IN THE 25 CASE OF A REGIONAL CHARTER SCHOOL OR BY THE CHAIRMAN OF THE 26 APPEAL BOARD PURSUANT TO SECTION 1717-A(I)(5) AND THE BOARD OF 27 TRUSTEES OF THE CHARTER SCHOOL. THIS WRITTEN CHARTER, WHEN DULY 28 SIGNED BY THE LOCAL BOARD OF SCHOOL DIRECTORS OF A SCHOOL 29 DISTRICT, OR BY THE LOCAL BOARDS OF SCHOOL DIRECTORS OF A SCHOOL 30 DISTRICT IN THE CASE OF A REGIONAL CHARTER SCHOOL, AND THE 20070H1067B4199 - 19 -
1 CHARTER SCHOOL'S BOARD OF TRUSTEES, SHALL ACT AS LEGAL 2 AUTHORIZATION FOR THE ESTABLISHMENT OF A CHARTER SCHOOL. THIS 3 WRITTEN CHARTER SHALL BE LEGALLY BINDING ON BOTH THE LOCAL BOARD 4 OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT AND THE CHARTER 5 SCHOOL'S BOARD OF TRUSTEES. [THE] EXCEPT AS OTHERWISE PROVIDED 6 IN SUBSECTION (B), THE CHARTER SHALL BE FOR A PERIOD OF NO LESS 7 THAN THREE (3) NOR MORE THAN FIVE (5) YEARS AND MAY BE RENEWED 8 FOR FIVE (5) YEAR PERIODS UPON REAUTHORIZATION BY THE LOCAL 9 BOARD OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT OR THE APPEAL 10 BOARD. A CHARTER WILL BE GRANTED ONLY FOR A SCHOOL ORGANIZED AS 11 A PUBLIC, NONPROFIT CORPORATION. 12 (B) (1) NOTWITHSTANDING SUBSECTION (A), A GOVERNING BOARD 13 OF A SCHOOL DISTRICT OF THE FIRST CLASS MAY RENEW A CHARTER FOR 14 A PERIOD OF ONE (1) YEAR IF THE BOARD OF SCHOOL DIRECTORS 15 DETERMINES THAT THERE IS INSUFFICIENT DATA CONCERNING THE 16 CHARTER SCHOOL'S ACADEMIC PERFORMANCE TO ADEQUATELY ASSESS THAT 17 PERFORMANCE AND DETERMINES THAT AN ADDITIONAL YEAR OF 18 PERFORMANCE DATA WOULD YIELD SUFFICIENT DATA TO ASSIST THE 19 GOVERNING BOARD IN ITS DECISION WHETHER TO RENEW THE CHARTER FOR 20 A PERIOD OF FIVE (5) YEARS. 21 (2) A ONE-YEAR RENEWAL PURSUANT TO PARAGRAPH (1) SHALL NOT 22 BE CONSIDERED AN ADJUDICATION AND MAY NOT BE APPEALED TO THE 23 STATE CHARTER SCHOOL APPEAL BOARD. 24 (3) A GOVERNING BOARD OF A SCHOOL DISTRICT OF THE FIRST 25 CLASS DOES NOT HAVE THE AUTHORITY TO RENEW A CHARTER FOR 26 SUCCESSIVE ONE (1) YEAR PERIODS. 27 SECTION 12. SECTIONS 1722-A AND 1723-A OF THE ACT ARE 28 AMENDED BY ADDING SUBSECTIONS TO READ: 29 SECTION 1722-A. FACILITIES.--* * * 30 (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A 20070H1067B4199 - 20 -
1 SCHOOL DISTRICT OF THE FIRST CLASS MAY, IN ITS DISCRETION, 2 PERMIT A CHARTER SCHOOL TO OPERATE ITS SCHOOL AT MORE THAN ONE 3 LOCATION. 4 SECTION 1723-A. ENROLLMENT.--* * * 5 (D) (1) ENROLLMENT OF STUDENTS IN A CHARTER SCHOOL OR CYBER 6 CHARTER SCHOOL SHALL NOT BE SUBJECT TO A CAP OR OTHERWISE 7 LIMITED BY ANY PAST OR FUTURE ACTION OF A BOARD OF SCHOOL 8 DIRECTORS, A BOARD OF CONTROL ESTABLISHED UNDER ARTICLE XVII-B, 9 A SPECIAL BOARD OF CONTROL ESTABLISHED UNDER SECTION 692 OR ANY 10 OTHER GOVERNING AUTHORITY, UNLESS AGREED TO BY THE CHARTER 11 SCHOOL OR CYBER CHARTER SCHOOL AS PART OF A WRITTEN CHARTER 12 PURSUANT TO SECTION 1720-A. 13 (2) THE PROVISIONS OF THIS SUBSECTION SHALL APPLY TO A 14 CHARTER SCHOOL OR CYBER CHARTER SCHOOL REGARDLESS OF WHETHER THE 15 CHARTER WAS APPROVED PRIOR TO OR IS APPROVED SUBSEQUENT TO THE 16 EFFECTIVE DATE OF THIS SUBSECTION. 17 SECTION 13. SECTION 1726-A(A) OF THE ACT, AMENDED JULY 11, 18 2006 (P.L.1092, NO.114), IS AMENDED TO READ: 19 SECTION 1726-A. TRANSPORTATION.--(A) STUDENTS WHO ATTEND A 20 CHARTER SCHOOL LOCATED IN THEIR SCHOOL DISTRICT OF RESIDENCE, A 21 REGIONAL CHARTER SCHOOL OF WHICH THE SCHOOL DISTRICT IS A PART 22 OR A CHARTER SCHOOL LOCATED OUTSIDE DISTRICT BOUNDARIES AT A 23 DISTANCE NOT EXCEEDING TEN (10) MILES BY THE NEAREST PUBLIC 24 HIGHWAY SHALL BE PROVIDED FREE TRANSPORTATION TO THE CHARTER 25 SCHOOL BY THEIR SCHOOL DISTRICT OF RESIDENCE ON SUCH DATES AND 26 PERIODS THAT THE CHARTER SCHOOL IS IN REGULAR SESSION WHETHER OR 27 NOT TRANSPORTATION IS PROVIDED ON SUCH DATES AND PERIODS TO 28 STUDENTS ATTENDING SCHOOLS OF THE DISTRICT. TRANSPORTATION IS 29 NOT REQUIRED FOR ELEMENTARY STUDENTS, INCLUDING KINDERGARTEN 30 STUDENTS, RESIDING WITHIN ONE AND ONE-HALF (1.5) MILES OR FOR 20070H1067B4199 - 21 -
1 SECONDARY STUDENTS RESIDING WITHIN TWO (2) MILES OF THE NEAREST 2 PUBLIC HIGHWAY FROM THE CHARTER SCHOOL IN WHICH THE STUDENTS ARE 3 ENROLLED UNLESS THE ROAD OR TRAFFIC CONDITIONS ARE SUCH THAT 4 WALKING CONSTITUTES A HAZARD TO THE SAFETY OF THE STUDENTS WHEN 5 SO CERTIFIED BY THE DEPARTMENT OF TRANSPORTATION, EXCEPT THAT IF 6 THE SCHOOL DISTRICT PROVIDES TRANSPORTATION TO THE PUBLIC 7 SCHOOLS OF THE SCHOOL DISTRICT FOR ELEMENTARY STUDENTS, 8 INCLUDING KINDERGARTEN STUDENTS, RESIDING WITHIN ONE AND ONE- 9 HALF (1.5) MILES OR FOR SECONDARY STUDENTS RESIDING WITHIN TWO 10 (2) MILES OF THE NEAREST PUBLIC HIGHWAY UNDER NONHAZARDOUS 11 CONDITIONS, TRANSPORTATION SHALL ALSO BE PROVIDED TO CHARTER 12 SCHOOLS UNDER THE SAME CONDITIONS. DISTRICTS PROVIDING 13 TRANSPORTATION TO A CHARTER SCHOOL OUTSIDE THE DISTRICT AND, FOR 14 THE 2007-2008 SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, 15 DISTRICTS PROVIDING TRANSPORTATION TO A CHARTER SCHOOL WITHIN 16 THE DISTRICT, SHALL BE ELIGIBLE FOR PAYMENTS UNDER SECTION 17 2509.3 FOR EACH PUBLIC SCHOOL STUDENT TRANSPORTED. 18 * * * 19 SECTION 14. SECTION 1729-A OF THE ACT IS AMENDED BY ADDING A 20 SUBSECTION TO READ: 21 SECTION 1729-A. CAUSES FOR NONRENEWAL OR TERMINATION.--* * * 22 (A.1) WHEN A CHARTER SCHOOL LOCATED IN A SCHOOL DISTRICT OF 23 THE FIRST CLASS IS IN CORRECTIVE ACTION STATUS AND SEEKS RENEWAL 24 OF ITS CHARTER, IF THE GOVERNING BODY OF THE SCHOOL DISTRICT OF 25 THE FIRST CLASS RENEWS THE CHARTER, IT MAY PLACE SPECIFIC 26 CONDITIONS IN THE CHARTER THAT REQUIRE THE CHARTER SCHOOL TO 27 MEET SPECIFIC STUDENT PERFORMANCE TARGETS WITHIN STATED PERIODS 28 OF TIME SUBJECT TO THE FOLLOWING: 29 (I) THE PERFORMANCE TARGETS AND THE PERIODS OF TIME IN WHICH 30 THE PERFORMANCE TARGETS MUST BE MET SHALL BE REASONABLE. 20070H1067B4199 - 22 -
1 (II) THE PLACEMENT OF CONDITIONS IN A CHARTER AS SPECIFIED 2 IN THIS SUBSECTION SHALL NOT BE CONSIDERED AN ADJUDICATION AND 3 MAY NOT BE APPEALED TO THE STATE CHARTER SCHOOL APPEAL BOARD. 4 (III) IF THE CHARTER SCHOOL FAILS TO MEET THE PERFORMANCE 5 TARGETS WITHIN THE STATED PERIOD OF TIME, SUCH FAILURE SHALL BE 6 SUFFICIENT CAUSE FOR REVOCATION OF THE CHARTER. 7 * * * 8 SECTION 15. SECTION 1704-B(C) OF THE ACT, ADDED JULY 11, 9 2006 (P.L.1092, NO.114), IS AMENDED BY ADDING A PARAGRAPH TO 10 READ: 11 SECTION 1704-B. BOARD OF SCHOOL DIRECTORS.--* * * 12 (C) * * * 13 (4.1) IN ADDITION TO POWERS ENUMERATED IN THIS ACT, A SCHOOL 14 DISTRICT DESIGNATED AS A COMMONWEALTH PARTNERSHIP SCHOOL 15 DISTRICT MAY DISPOSE OF UNUSED AND UNNECESSARY LANDS AND 16 BUILDINGS, IF SUCH BUILDINGS ARE IN EXCESS OF TWENTY-FIVE (25) 17 YEARS OF AGE, IN THE FOLLOWING MANNER NOTWITHSTANDING THE 18 PROVISIONS OF SECTION 707 OF THIS ACT: 19 (I) BY NEGOTIATED SALE, PROVIDED THE DISTRICT HAS AN 20 AFFIDAVIT OF AT LEAST THREE (3) PERSONS WHO ARE FAMILIAR WITH 21 THE VALUE OF REAL ESTATE IN THE LOCALITY IN WHICH THE LANDS AND 22 BUILDINGS PROPOSED TO BE SOLD ARE LOCATED, WHO HAVE EXAMINED THE 23 PROPERTY AND SET FORTH A VALUE FOR THE PROPERTY AND WHO OPINE 24 THAT THE CONSIDERATION FOR THE PROPERTY IS EQUAL TO OR BETTER 25 THAN THAT WHICH COULD BE RECEIVED BY SEALED BID. THE SALE PRICE 26 SHALL NOT BE LESS THAN THE HIGHEST VALUE SET FORTH IN THE THREE 27 (3) AFFIDAVITS. 28 (II) BY ENTERING INTO AGREEMENTS WITH AN URBAN REDEVELOPMENT 29 AUTHORITY ORGANIZED UNDER THE ACT OF MAY 24, 1945 (P.L.991, 30 NO.385), KNOWN AS THE URBAN REDEVELOPMENT LAW, UNDER WHICH THE 20070H1067B4199 - 23 -
1 DISTRICT MAY CONVEY PROPERTY TO THE AUTHORITY FOR THE PURPOSE OF 2 THE AUTHORITY FACILITATING THE CONVEYANCE OF THE PROPERTY 3 CONSISTENT WITH THE GOALS OF THE SCHOOL DISTRICT AND THE 4 AUTHORITY. 5 * * * 6 SECTION 16. SECTION 1705-B(H) OF THE ACT, AMENDED JULY 11, 7 2006 (P.L.1092, NO.114) AND JULY 20, 2007 (P.L.278, NO.45), IS 8 AMENDED TO READ: 9 SECTION 1705-B. EDUCATION EMPOWERMENT DISTRICTS.--* * * 10 (H) (1) A SCHOOL DISTRICT UNDER A DECLARATION OF DISTRESS 11 PURSUANT TO SECTION 691(A) AND CERTIFIED AS AN EDUCATION 12 EMPOWERMENT DISTRICT SHALL BE OPERATED BY A SPECIAL BOARD OF 13 CONTROL ESTABLISHED UNDER SECTION 692. A BOARD OF CONTROL 14 ESTABLISHED UNDER THIS SECTION SHALL BE ABOLISHED UPON THE 15 APPOINTMENT OF A SPECIAL BOARD OF CONTROL UNDER SECTION 692. 16 (2) FOR A SCHOOL DISTRICT UNDER A DECLARATION OF DISTRESS 17 PURSUANT TO SECTION 691(A) AND CERTIFIED AS AN EDUCATION 18 EMPOWERMENT DISTRICT, THE SPECIAL BOARD OF CONTROL ESTABLISHED 19 UNDER SECTION 692 SHALL HAVE THE POWERS AND DUTIES OF A SPECIAL 20 BOARD OF CONTROL UNDER SECTION 692 AND THE POWERS AND DUTIES 21 CONTAINED IN SECTION 1706-B. 22 (3) FOR A SCHOOL DISTRICT WITH A HISTORY OF LOW TEST 23 PERFORMANCE THAT IS CERTIFIED AS DISTRESSED FOR A MINIMUM PERIOD 24 OF TWO (2) YEARS UNDER SECTIONS 691 AND 692, THE DEPARTMENT 25 SHALL WAIVE THE INCLUSION OF THE SCHOOL DISTRICT ON THE 26 EDUCATION EMPOWERMENT LIST UNDER SECTION 1703-B(A) AND 27 IMMEDIATELY CERTIFY THE SCHOOL DISTRICT AS AN EDUCATION 28 EMPOWERMENT DISTRICT. 29 (4) THE DEPARTMENT MAY UTILIZE UP TO $4,500,000 OF 30 UNDISTRIBUTED FUNDS NOT EXPENDED, ENCUMBERED OR COMMITTED FROM 20070H1067B4199 - 24 -
1 APPROPRIATIONS FOR GRANTS AND SUBSIDIES MADE TO THE DEPARTMENT 2 TO ASSIST SCHOOL DISTRICTS CERTIFIED AS AN EDUCATION EMPOWERMENT 3 DISTRICT UNDER PARAGRAPH (3). THERE IS HEREBY ESTABLISHED A 4 RESTRICTED ACCOUNT FROM WHICH PAYMENTS UNDER THIS PARAGRAPH 5 SHALL BE PAID. FUNDS SHALL BE TRANSFERRED BY THE SECRETARY OF 6 THE BUDGET TO THE RESTRICTED ACCOUNT TO THE EXTENT NECESSARY TO 7 MAKE PAYMENTS UNDER THIS PARAGRAPH. FUNDS IN THE RESTRICTED 8 ACCOUNT ARE HEREBY APPROPRIATED TO CARRY OUT THE PURPOSES OF 9 THIS PARAGRAPH. THE SUBSIDY PAYMENT FROM THIS ACCOUNT SHALL BE 10 UTILIZED TO SUPPLEMENT THE OPERATIONAL BUDGET OF THE ELIGIBLE 11 SCHOOL DISTRICTS. THIS PARAGRAPH SHALL APPLY TO FISCAL YEARS 12 2000-2001, 2001-2002, 2002-2003, 2003-2004, 2004-2005, 2005- 13 2006, 2006-2007 [AND], 2007-2008 AND 2008-2009 AND SHALL EXPIRE 14 JUNE 30, [2008] 2009. 15 SECTION 17. SECTION 1714-B OF THE ACT IS AMENDED BY ADDING A 16 SUBSECTION TO READ: 17 SECTION 1714-B. MANDATE WAIVER PROGRAM.--* * * 18 (G.1) (1) THE DEPARTMENT OF EDUCATION SHALL ESTABLISH A 19 TASK FORCE TO INVESTIGATE THE IMPACT ON TAXPAYERS OF MANDATE 20 WAIVERS GRANTED FOR SECTIONS 751 AND 751.1. 21 (2) THE TASK FORCE SHALL COLLECT, EXAMINE AND ANALYZE DATA 22 FROM COMPLETED SCHOOL CONSTRUCTION PROJECTS FINANCED WITH STATE 23 FUNDS. 24 (3) THE TASK FORCE SHALL BE MADE UP OF THE FOLLOWING 25 MEMBERS: 26 (I) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION 27 COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN 28 OF THE EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR A 29 MEMBER OF THE RESPECTIVE COMMITTEES DESIGNATED BY THE CHAIRMAN. 30 (II) THE CHAIRMAN AND MINORITY CHAIRMAN OF THE LABOR AND 20070H1067B4199 - 25 -
1 INDUSTRY COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY 2 CHAIRMAN OF THE LABOR RELATIONS COMMITTEE OF THE HOUSE OF 3 REPRESENTATIVES OR A MEMBER OF THE RESPECTIVE COMMITTEES 4 DESIGNATED BY THE CHAIRMAN. 5 (III) THE SECRETARY OF EDUCATION OR A DESIGNEE, WHO SHALL 6 SERVE AS THE CHAIRMAN OF THE TASK FORCE. 7 (IV) THE SECRETARY OF THE BUDGET OR A DESIGNEE. 8 (V) THE SECRETARY OF LABOR AND INDUSTRY OR A DESIGNEE. 9 (4) THE TASK FORCE SHALL PRESENT ITS REPORT, INCLUDING ANY 10 LEGISLATIVE RECOMMENDATIONS, TO THE GENERAL ASSEMBLY AND THE 11 GOVERNOR WITHIN SIX (6) MONTHS OF THE EFFECTIVE DATE OF THIS 12 SECTION. 13 * * * 14 SECTION 18. SECTION 1913-A(B)(1.6) AND (1.7) OF THE ACT, 15 ADDED JULY 13, 2005 (P.L.226, NO.46), ARE AMENDED TO READ: 16 SECTION 1913-A. FINANCIAL PROGRAM; REIMBURSEMENT OF 17 PAYMENTS.--* * * 18 (B) * * * 19 (1.6) FOR THE 2006-2007 FISCAL YEAR AND EACH FISCAL YEAR 20 THEREAFTER, THE PAYMENT FOR A COMMUNITY COLLEGE SHALL CONSIST OF 21 THE FOLLOWING: 22 (I) EACH COMMUNITY COLLEGE SHALL RECEIVE AN AMOUNT EQUAL TO 23 THE REIMBURSEMENT FOR OPERATING COSTS, BASE SUPPLEMENT AND 24 GROWTH SUPPLEMENT AMOUNTS IT RECEIVED IN THE IMMEDIATELY 25 PRECEDING FISCAL YEAR. 26 (II) EACH COMMUNITY COLLEGE SHALL RECEIVE AN ECONOMIC 27 DEVELOPMENT STIPEND AS CALCULATED UNDER CLAUSE (1.7). THE AMOUNT 28 AVAILABLE FOR ECONOMIC DEVELOPMENT STIPENDS SHALL INCREASE EACH 29 YEAR BY THE PERCENT INCREASE IN THE STATE APPROPRIATION FOR 30 PAYMENT OF APPROVED OPERATING EXPENSES OF COMMUNITY COLLEGES AND 20070H1067B4199 - 26 -
1 MAY INCLUDE ANY OTHER PRIVATE OR PUBLIC FUNDS APPROPRIATED OR 2 OTHERWISE MADE AVAILABLE TO THE DEPARTMENT OF EDUCATION FOR THAT 3 PURPOSE. 4 (III) EACH COMMUNITY COLLEGE SHALL RECEIVE A BASE SUPPLEMENT 5 DETERMINED BY: 6 (A) SUBTRACTING THE TOTAL AMOUNT OF FUNDS DETERMINED UNDER 7 SUBCLAUSES (I) AND (II) FROM THE STATE APPROPRIATION FOR PAYMENT 8 OF APPROVED OPERATING EXPENSES OF COMMUNITY COLLEGES; 9 (B) DIVIDING THE PAYMENT UNDER SUBCLAUSE (I) BY THE SUM OF 10 THE AMOUNTS DETERMINED FOR ALL COMMUNITY COLLEGES UNDER 11 SUBCLAUSE (I); AND 12 (C) MULTIPLYING THE QUOTIENT FROM PARAGRAPH (B) BY AN AMOUNT 13 EQUAL TO SEVENTY-FIVE PERCENT (75%) OF THE AMOUNT DETERMINED 14 UNDER PARAGRAPH (A). 15 (IV) EACH COMMUNITY COLLEGE WITH AN EQUIVALENT FULL-TIME 16 ENROLLMENT IN CREDIT, NONCREDIT AND WORKFORCE DEVELOPMENT 17 COURSES FOR THE YEAR PRIOR TO THE IMMEDIATELY PRECEDING YEAR 18 GREATER THAN ITS EQUIVALENT FULL-TIME ENROLLMENT IN CREDIT, 19 NONCREDIT AND WORKFORCE DEVELOPMENT COURSES FOR THE SECOND YEAR 20 PRIOR TO THE IMMEDIATELY PRECEDING YEAR SHALL RECEIVE A GROWTH 21 SUPPLEMENT AMOUNT DETERMINED BY: 22 (A) SUBTRACTING ITS EQUIVALENT FULL-TIME ENROLLMENT IN 23 CREDIT, NONCREDIT AND WORKFORCE DEVELOPMENT COURSES FOR THE 24 SECOND YEAR PRIOR TO THE IMMEDIATELY PRECEDING YEAR FROM ITS 25 EQUIVALENT FULL-TIME ENROLLMENT IN CREDIT, NONCREDIT AND 26 WORKFORCE DEVELOPMENT COURSES FOR THE YEAR PRIOR TO THE 27 IMMEDIATELY PRECEDING YEAR; 28 (B) DIVIDING THE DIFFERENCE FROM PARAGRAPH (A) BY THE SUM OF 29 THE DIFFERENCES FROM PARAGRAPH (A) FOR ALL COMMUNITY COLLEGES; 30 AND 20070H1067B4199 - 27 -
1 (C) MULTIPLYING THE AMOUNT FROM PARAGRAPH (B) BY AN AMOUNT 2 EQUAL TO TWENTY-FIVE PERCENT (25%) OF THE AMOUNT DETERMINED 3 UNDER SUBCLAUSE (III)(A). 4 SECONDARY SENIOR HIGH SCHOOL STUDENTS ENROLLED IN CREDIT- 5 BEARING, NONREMEDIAL COLLEGE COURSES SHALL BE INCLUDED IN THE 6 CALCULATION UNDER PARAGRAPH (A). CALCULATIONS UNDER THIS 7 SUBCLAUSE SHALL BE BASED UPON THE AUDITED FINANCIAL STATEMENTS 8 SUBMITTED BY A COMMUNITY COLLEGE PURSUANT TO SUBSECTION (K.1). 9 (1.7) THE PAYMENT FOR A COMMUNITY COLLEGE SHALL INCLUDE AN 10 ECONOMIC DEVELOPMENT STIPEND WHICH SHALL CONSIST OF THE 11 FOLLOWING: 12 (I) FOR THE 2005-2006 FISCAL YEAR, EACH COMMUNITY COLLEGE 13 SHALL RECEIVE AN AMOUNT EQUAL TO THE REIMBURSEMENT FOR THE 2004- 14 2005 FISCAL YEAR AS DETERMINED UNDER CLAUSE (1.4)(III) AND UNDER 15 SECTION 1501 OF THE ACT OF DECEMBER 18, 2001 (P.L.949, NO.114), 16 KNOWN AS THE "WORKFORCE DEVELOPMENT ACT." THIS AMOUNT SHALL BE 17 DETERMINED BASED UPON THE MIDYEAR REBUDGET SUBMITTED BY A 18 COMMUNITY COLLEGE IN FEBRUARY 2005. 19 (II) FOR THE 2006-2007 FISCAL YEAR AND EACH FISCAL YEAR 20 THEREAFTER, EACH COMMUNITY COLLEGE SHALL RECEIVE, SUBJECT TO THE 21 PROVISIONS OF SUBCLAUSE (III), AN AMOUNT DETERMINED BY: 22 (A) ADDING THE FOLLOWING: 23 (I) THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS ENROLLED IN 24 HIGH-PRIORITY AND HIGH-INSTRUCTIONAL-COST OCCUPATION PROGRAMS AT 25 THE COMMUNITY COLLEGE MULTIPLIED BY 1.50; 26 (II) THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS ENROLLED IN 27 HIGH-PRIORITY OCCUPATION PROGRAMS AT THE COMMUNITY COLLEGE 28 MULTIPLIED BY 1.25; AND 29 (III) THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS ENROLLED 30 IN NONCREDIT WORKFORCE DEVELOPMENT COURSES AT THE COMMUNITY 20070H1067B4199 - 28 -
1 COLLEGE. 2 (B) DIVIDING THE TOTAL FROM PARAGRAPH (A) BY THE SUM OF THE 3 TOTALS FROM PARAGRAPH (A) FOR ALL COMMUNITY COLLEGES. 4 (C) MULTIPLYING THE AMOUNT FROM PARAGRAPH (B) BY THE AMOUNT 5 ALLOCATED FOR THE ECONOMIC DEVELOPMENT STIPEND PURSUANT TO 6 CLAUSE (1.6)(II). 7 [THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS SHALL BE DETERMINED 8 BASED UPON THE FINAL MIDYEAR REBUDGET SUBMITTED BY A COMMUNITY 9 COLLEGE FOR THE PRIOR FISCAL YEAR. SUCH REBUDGET SHALL BE 10 SUBMITTED, AS REQUIRED BY THE DEPARTMENT OF EDUCATION, NO LATER 11 THAN MAY 31, 2006, AND MAY 31 OF EACH YEAR THEREAFTER.] 12 (D) APPLYING THE FOLLOWING: 13 (I) FOR THE 2006-2007 FISCAL YEAR, FOR THE FIRST, SECOND AND 14 THIRD QUARTER PAYMENTS MADE IN THE 2007-2008 FISCAL YEAR, AND 15 FOR THE FIRST AND SECOND QUARTER PAYMENTS MADE IN THE 2008-2009 16 FISCAL YEAR AND EACH FISCAL YEAR THEREAFTER, THE NUMBER OF FULL- 17 TIME EQUIVALENT STUDENTS SHALL BE DETERMINED BASED UPON THE 18 FINAL MIDYEAR REBUDGET SUBMITTED BY A COMMUNITY COLLEGE FOR THE 19 PRIOR FISCAL YEAR. SUCH REBUDGET SHALL BE SUBMITTED, AS REQUIRED 20 BY THE DEPARTMENT OF EDUCATION, NO LATER THAN MAY 31, 2006, AND 21 MAY 31 OF EACH YEAR THEREAFTER. 22 (II) FOR THE 2007-2008 FISCAL YEAR, THE DEPARTMENT OF 23 EDUCATION SHALL PROVIDE THE FOURTH QUARTER PAYMENT TO EACH 24 COMMUNITY COLLEGE UNDER THIS SUBCLAUSE BASED UPON THE NUMBER OF 25 FULL-TIME EQUIVALENT STUDENTS ENROLLED IN HIGH-PRIORITY AND 26 HIGH-INSTRUCTIONAL-COST OCCUPATION PROGRAMS, HIGH-PRIORITY 27 OCCUPATION PROGRAMS AND NONCREDIT WORKFORCE DEVELOPMENT COURSES 28 FOR THE 2006-2007 FISCAL YEAR, AS VERIFIED IN THE AUDITED 29 FINANCIAL STATEMENT REQUIRED UNDER SUBSECTION (K.1). 30 (III) FOR THE 2008-2009 FISCAL YEAR AND EACH FISCAL YEAR 20070H1067B4199 - 29 -
1 THEREAFTER, THE DEPARTMENT OF EDUCATION SHALL PROVIDE THE THIRD 2 AND FOURTH QUARTER PAYMENTS TO EACH COMMUNITY COLLEGE UNDER THIS 3 SUBCLAUSE BASED UPON THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS 4 ENROLLED IN HIGH-PRIORITY AND HIGH-INSTRUCTIONAL-COST OCCUPATION 5 PROGRAMS, HIGH-PRIORITY OCCUPATION PROGRAMS AND NONCREDIT 6 WORKFORCE DEVELOPMENT COURSES FOR THE IMMEDIATELY PRECEDING 7 FISCAL YEAR, AS VERIFIED IN THE AUDITED FINANCIAL STATEMENT 8 REQUIRED UNDER SUBSECTION (K.1). 9 (III) FOR THE 2006-2007 AND 2007-2008 FISCAL YEARS, THE 10 FOLLOWING SHALL APPLY: 11 (A) FULL-TIME EQUIVALENT STUDENTS ENROLLED IN STIPEND 12 ADVANCED TECHNOLOGY PROGRAMS SHALL BE COUNTED AS FULL-TIME 13 EQUIVALENT STUDENTS ENROLLED IN HIGH-PRIORITY AND HIGH- 14 INSTRUCTIONAL-COST OCCUPATION PROGRAMS FOR THE PURPOSE OF THE 15 CALCULATION IN SUBCLAUSE (II). 16 (B) FULL-TIME EQUIVALENT STUDENTS ENROLLED IN STIPEND 17 STATEWIDE PROGRAMS SHALL BE COUNTED AS FULL-TIME EQUIVALENT 18 STUDENTS ENROLLED IN HIGH-PRIORITY OCCUPATION PROGRAMS FOR THE 19 PURPOSE OF THE CALCULATION IN SUBCLAUSE (II). 20 (C) FULL-TIME EQUIVALENT STUDENTS ENROLLED IN OTHER STIPEND 21 OCCUPATIONAL PROGRAMS AND WORKFORCE DEVELOPMENT COURSES SHALL BE 22 COUNTED AS FULL-TIME EQUIVALENT STUDENTS ENROLLED IN NONCREDIT 23 WORKFORCE DEVELOPMENT COURSES FOR THE PURPOSE OF THE CALCULATION 24 IN SUBCLAUSE (II). 25 (D) FOR REIMBURSEMENT FOR ANY SEMESTER THAT BEGINS ON OR 26 AFTER JANUARY 1, 2006, THIS SUBCLAUSE SHALL ONLY APPLY FOR 27 STUDENTS WHO WERE ENROLLED IN SUCH PROGRAMS DURING THE FALL 2005 28 SEMESTER. 29 * * * 30 SECTION 19. THE DEFINITION OF "APPLICANT" IN SECTION 1901- 20070H1067B4199 - 30 -
1 C(2) OF THE ACT, ADDED JUNE 25, 1997 (P.L.297, NO.30), IS 2 AMENDED TO READ: 3 SECTION 1901-C. DEFINITIONS.--FOR PURPOSES OF THIS ARTICLE, 4 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 5 * * * 6 (2) "APPLICANT." A SCHOOL DISTRICT [OR], A COMBINATION OF 7 SCHOOL DISTRICTS [WHICH] OR A CHARTER SCHOOL THAT PROVIDES AN 8 ALTERNATIVE EDUCATION PROGRAM WITHIN OR TO A CHARTERING SCHOOL 9 DISTRICT OR SCHOOL DISTRICTS AS THE CENTRAL MISSION OF ITS 10 CHARTER AND THAT APPLIES FOR FUNDS UNDER THIS ARTICLE. 11 * * * 12 SECTION 20. SECTION 1902-C OF THE ACT IS AMENDED BY ADDING A 13 CLAUSE TO READ: 14 SECTION 1902-C. APPLICATIONS.--APPLICANTS SHALL SUBMIT 15 APPLICATIONS AT THE TIME, IN THE MANNER AND CONTAINING OR 16 ACCOMPANIED BY SUCH INFORMATION AS THE DEPARTMENT MAY PRESCRIBE 17 BUT, IN ANY CASE, SHALL DOCUMENT THE FOLLOWING: 18 * * * 19 (9) WHERE THE APPLICANT IS A CHARTER SCHOOL THAT PROVIDES AN 20 ALTERNATIVE EDUCATION PROGRAM WITHIN OR TO A CHARTERING SCHOOL 21 DISTRICT OR SCHOOL DISTRICTS AS THE CENTRAL MISSION OF ITS 22 CHARTER, WRITTEN SUPPORT FOR THE APPLICATION FROM THE CHARTERING 23 SCHOOL DISTRICT. 24 SECTION 21. SECTION 2017-A OF THE ACT, AMENDED JULY 1, 1985 25 (P.L.103, NO.31), IS AMENDED TO READ: 26 SECTION 2017-A. ANNUAL REPORT.--(A) AN ANNUAL REPORT SHALL 27 BE SUBMITTED IN ELECTRONIC FORMAT BY EACH INSTITUTION TO THE 28 [GOVERNOR AND THE APPROPRIATIONS AND EDUCATION COMMITTEES OF THE 29 SENATE AND HOUSE OF REPRESENTATIVES] DEPARTMENT OF EDUCATION AND 30 THE JOINT STATE GOVERNMENT COMMISSION WHICH SHALL INCLUDE DATA 20070H1067B4199 - 31 -
1 FOR ALL PROGRAMS OF THE INSTITUTION. EACH SUCH REPORT, TO BE 2 SUBMITTED PRIOR TO SEPTEMBER 1, SHALL COVER THE 12-MONTH PERIOD 3 BEGINNING WITH THE SUMMER TERM OF THE PRECEDING YEAR AND SHALL 4 INCLUDE: 5 (1) THE FOLLOWING COUNTS AND DISTRIBUTIONS FOR EACH TERM 6 DURING THE PERIOD: 7 (I) THE DEFINITIONS AND NUMBERS OF FACULTY MEMBERS EMPLOYED 8 FULL TIME, OF FACULTY MEMBERS EMPLOYED PART TIME, OF FULL-TIME 9 STUDENTS ENROLLED IN GRADUATE COURSES, OF FULL-TIME STUDENTS 10 ENROLLED IN UNDERGRADUATE COURSES, OF PART-TIME STUDENTS 11 ENROLLED IN GRADUATE COURSES, AND OF PART-TIME STUDENTS ENROLLED 12 IN UNDERGRADUATE COURSES. 13 (II) THE TOTAL NUMBERS OF UNDERGRADUATE STUDENT CREDIT 14 HOURS, DIVIDED INTO LOWER DIVISION AND UPPER DIVISION COURSE 15 LEVELS, AND OF GRADUATE STUDENT CREDIT HOURS DIVIDED INTO THREE 16 COURSE LEVELS--MASTER'S, FIRST PROFESSIONAL AND DOCTORAL. 17 (III) THE NUMBER OF DIFFERENT COURSES SCHEDULED BY LEVEL OF 18 INSTRUCTION AND THE NUMBER OF SECTIONS OF INDIVIDUAL INSTRUCTION 19 SCHEDULED BY LEVEL OF INSTRUCTION, EACH FURTHER SUBDIVIDED BY 20 TWO DIGIT CLASSIFICATION OF INSTRUCTIONAL PROGRAM (CIP) 21 CATEGORIES OF INSTRUCTIONAL PROGRAMS OF HIGHER EDUCATION AS 22 DEFINED BY THE NATIONAL CENTER FOR EDUCATION STATISTICS, UNITED 23 STATES DEPARTMENT OF EDUCATION. 24 (IV) THE NUMBER OF TERMS SCHEDULED AND THE DATES THEREOF. 25 (2) FOR THE SUMMER TERM AND THE FOLLOWING ACADEMIC YEAR IN 26 TOTAL AND FOR EACH TWO DIGIT CIP PROGRAM CATEGORY, A 27 CLASSIFICATION OF FACULTY MEMBERS OR OTHER PROFESSIONAL EMPLOYES 28 BY TITLE, INCLUDING: PROFESSOR, ASSOCIATE PROFESSOR, ASSISTANT 29 PROFESSOR, INSTRUCTOR, LECTURER, RESEARCH ASSOCIATE, LIBRARIAN 30 AND ACADEMIC ADMINISTRATOR; FACULTY MEMBERS OR OTHER 20070H1067B4199 - 32 -
1 PROFESSIONAL EMPLOYES UNDER EACH TITLE TO BE SUBDIVIDED BY TYPE 2 OF ASSIGNMENT: TEACHING AND NONTEACHING, AND EACH SUCH SET OF 3 FACULTY MEMBERS OR OTHER PROFESSIONAL EMPLOYES TO BE FURTHER 4 SUBDIVIDED BY TYPE OF EMPLOYMENT: FULL TIME OR PART TIME; AND 5 THE FOLLOWING AGGREGATES FOR EACH SUBDIVIDED CLASSIFICATION: 6 (I) THE NUMBER OF FACULTY AND OTHER PROFESSIONAL EMPLOYES 7 AND THEIR FULL-TIME EQUIVALENCE IN INSTRUCTIONAL AND 8 NONINSTRUCTIONAL FUNCTIONS. 9 (II) THE SUM OF CREDITS ASSIGNED TO UNDERGRADUATE CLASSROOM 10 COURSES AND THE SUM OF CREDITS ASSIGNED TO GRADUATE CLASSROOM 11 COURSES TAUGHT, DIVIDED INTO LOWER DIVISION, UPPER DIVISION, 12 MASTER'S, FIRST PROFESSIONAL AND DOCTORAL COURSE LEVELS. 13 (III) THE SUM OF CREDITS ASSIGNED TO UNDERGRADUATE 14 INDIVIDUAL INSTRUCTION COURSES AND THE SUM OF CREDITS ASSIGNED 15 TO GRADUATE INDIVIDUAL INSTRUCTION COURSES TAUGHT, DIVIDED INTO 16 LOWER DIVISION, UPPER DIVISION, MASTER'S, FIRST PROFESSIONAL AND 17 DOCTORAL COURSE LEVELS. 18 (IV) THE SUM OF UNDERGRADUATE CLASSROOM STUDENT CREDIT HOURS 19 AND THE SUM OF GRADUATE CLASSROOM STUDENT CREDIT HOURS 20 GENERATED, DIVIDED INTO LOWER DIVISION, UPPER DIVISION, 21 MASTER'S, FIRST PROFESSIONAL AND DOCTORAL COURSE LEVELS. 22 (V) THE SUM OF UNDERGRADUATE INDIVIDUAL INSTRUCTION STUDENT 23 CREDIT HOURS AND THE SUM OF GRADUATE INDIVIDUAL INSTRUCTION 24 STUDENT CREDIT HOURS GENERATED, DIVIDED INTO LOWER DIVISION, 25 UPPER DIVISION, MASTER'S, FIRST PROFESSIONAL AND DOCTORAL COURSE 26 LEVELS. 27 (VI) THE TOTAL SALARY PAID FOR INSTRUCTIONAL FUNCTIONS AND 28 FOR NONINSTRUCTIONAL FUNCTIONS AND THE AMOUNT OF THIS SALARY 29 PAID FOR EACH OF THESE FUNCTIONS FROM UNIVERSITY FUNDS, FEDERAL 30 FUNDS AND OTHER FUNDS. 20070H1067B4199 - 33 -
1 (3) FOR EACH TERM OF THE PERIOD COVERED FOR EACH FACULTY 2 MEMBER EMPLOYED FULL TIME IDENTIFIED BY TWO DIGIT CIP PROGRAM 3 CATEGORY AND TITLE, THE REPORT SHALL CONTAIN AN ANALYSIS OF THE 4 AVERAGE HOURS PER WEEK SPENT IN UNIVERSITY-RELATED ACTIVITIES, 5 STATING SPECIFICALLY HOURS SPENT IN UNDERGRADUATE CLASSROOM 6 CONTACT AND GRADUATE CLASSROOM CONTACT, HOURS SPENT IN 7 PREPARATION, HOURS SPENT IN RESEARCH AND HOURS SPENT IN PUBLIC 8 SERVICE. 9 (B) IN ADDITION TO THE REQUIREMENTS OF SUBSECTION (A), EACH 10 REPORT COVERING THE 12-MONTH PERIOD SHALL INCLUDE FOR ALL 11 PROGRAMS OF THE INSTITUTION: 12 (1) MINIMUM NUMBER OF CREDITS REQUIRED FOR A BACCALAUREATE 13 DEGREE AND FOR A MASTER'S DEGREE. 14 (2) NUMBER OF BACHELOR'S DEGREES, MASTER'S DEGREES, FIRST 15 PROFESSIONAL DEGREES AND DOCTORAL DEGREES AWARDED IN THE THREE 16 PREVIOUS YEARS AND THOSE ESTIMATED FOR THAT YEAR. 17 (C) THE JOINT STATE GOVERNMENT COMMISSION SHALL DEVELOP A 18 STATISTICAL COMPARISON ANALYSIS RECOGNIZING DIFFERENCES IN 19 MISSIONS FROM THE REPORTS MADE UNDER THIS SECTION. THE 20 COMPARISON SHALL BE PROVIDED TO THE EDUCATION COMMITTEE OF THE 21 SENATE AND THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE 22 EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE 23 APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE 24 FOUR STATE REGIONAL LIBRARIES. THE COMPARATIVE ANALYSIS SHALL BE 25 POSTED ON THE JOINT STATE GOVERNMENT COMMISSION'S INTERNET 26 WEBSITE FOR A PERIOD OF NO LESS THAN FIVE (5) YEARS FROM THE 27 DATE OF SUBMISSION. 28 (D) EACH REPORT SUBMITTED UNDER SUBSECTION (A) SHALL BE 29 POSTED BY THE DEPARTMENT OF EDUCATION ON ITS INTERNET WEBSITE 30 FOR A PERIOD OF NO LESS THAN FIVE (5) YEARS FROM THE DATE OF 20070H1067B4199 - 34 -
1 SUBMISSION. 2 SECTION 22. THE DEFINITION OF "BUSINESS FIRM" IN SECTION 3 2002-B OF THE ACT, AMENDED JULY 11, 2006 (P.L.1092, NO.114), IS 4 AMENDED AND THE SECTION IS AMENDED BY ADDING A DEFINITION TO 5 READ: 6 SECTION 2002-B. DEFINITIONS. 7 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE 8 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 9 CONTEXT CLEARLY INDICATES OTHERWISE: 10 "BUSINESS FIRM." AN ENTITY AUTHORIZED TO DO BUSINESS IN THIS 11 COMMONWEALTH AND SUBJECT TO TAXES IMPOSED UNDER ARTICLE III, IV, 12 VI, VII, [VII-A,] VIII, [VIII-A,] IX OR XV OF THE ACT OF MARCH 13 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971. 14 THIS TERM INCLUDES A PASS-THROUGH ENTITY. 15 * * * 16 "PASS-THROUGH ENTITY." A PARTNERSHIP AS DEFINED IN SECTION 17 301(N.0) OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE 18 TAX REFORM CODE OF 1971, OR A PENNSYLVANIA S CORPORATION AS 19 DEFINED IN SECTION 301(N.1) OF THE TAX REFORM CODE OF 1971. 20 * * * 21 SECTION 23. SECTION 2005-B OF THE ACT, AMENDED DECEMBER 23, 22 2003 (P.L.304, NO.48) AND JULY 4, 2004 (P.L.536, NO.70), IS 23 AMENDED TO READ: 24 SECTION 2005-B. TAX CREDIT. 25 (A) SCHOLARSHIP OR EDUCATIONAL IMPROVEMENT ORGANIZATIONS.-- 26 IN ACCORDANCE WITH SECTION 2006-B(A), THE DEPARTMENT OF REVENUE 27 SHALL GRANT A TAX CREDIT AGAINST ANY TAX DUE UNDER ARTICLE III, 28 IV, VI, VII, [VII-A,] VIII, [VIII-A,] IX OR XV OF THE ACT OF 29 MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 30 1971, TO A BUSINESS FIRM PROVIDING PROOF OF A CONTRIBUTION TO A 20070H1067B4199 - 35 -
1 SCHOLARSHIP ORGANIZATION OR EDUCATIONAL IMPROVEMENT ORGANIZATION 2 IN THE TAXABLE YEAR IN WHICH THE CONTRIBUTION IS MADE WHICH 3 SHALL NOT EXCEED 75% OF THE TOTAL AMOUNT CONTRIBUTED DURING THE 4 TAXABLE YEAR BY THE BUSINESS FIRM. SUCH CREDIT SHALL NOT EXCEED 5 [$200,000] $300,000 ANNUALLY PER BUSINESS FIRM FOR CONTRIBUTIONS 6 MADE TO SCHOLARSHIP ORGANIZATIONS OR EDUCATIONAL IMPROVEMENT 7 ORGANIZATIONS. 8 (B) ADDITIONAL AMOUNT.--THE DEPARTMENT OF REVENUE SHALL 9 GRANT A TAX CREDIT OF UP TO 90% OF THE TOTAL AMOUNT CONTRIBUTED 10 DURING THE TAXABLE YEAR IF THE BUSINESS FIRM PROVIDES A WRITTEN 11 COMMITMENT TO PROVIDE THE SCHOLARSHIP ORGANIZATION OR 12 EDUCATIONAL IMPROVEMENT ORGANIZATION WITH THE SAME AMOUNT OF 13 CONTRIBUTION FOR TWO CONSECUTIVE TAX YEARS. THE BUSINESS FIRM 14 MUST PROVIDE THE WRITTEN COMMITMENT UNDER THIS SUBSECTION TO THE 15 DEPARTMENT AT THE TIME OF APPLICATION. 16 (C) PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATIONS.--IN 17 ACCORDANCE WITH SECTION 2006-B(A), THE DEPARTMENT OF REVENUE 18 SHALL GRANT A TAX CREDIT AGAINST ANY TAX DUE UNDER ARTICLE III, 19 IV, VI, VII, [VII-A,] VIII, [VIII-A,] IX OR XV OF THE "TAX 20 REFORM CODE OF 1971" TO A BUSINESS FIRM PROVIDING PROOF OF A 21 CONTRIBUTION TO A PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATION IN 22 THE TAXABLE YEAR IN WHICH THE CONTRIBUTION IS MADE WHICH SHALL 23 BE EQUAL TO 100% OF THE FIRST $10,000 CONTRIBUTED DURING THE 24 TAXABLE YEAR BY THE BUSINESS FIRM, AND WHICH SHALL NOT EXCEED 25 90% OF THE REMAINING AMOUNT CONTRIBUTED DURING THE TAXABLE YEAR 26 BY THE BUSINESS FIRM. SUCH CREDIT SHALL NOT EXCEED [$100,000] 27 $150,000 ANNUALLY PER BUSINESS FIRM FOR CONTRIBUTIONS MADE TO 28 PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATIONS. 29 (D) COMBINATION OF TAX CREDITS.--A BUSINESS FIRM MAY RECEIVE 30 TAX CREDITS FROM THE DEPARTMENT OF REVENUE IN ANY TAX YEAR FOR 20070H1067B4199 - 36 -
1 ANY COMBINATION OF CONTRIBUTIONS UNDER SUBSECTION (A) OR (B) OR 2 (C). IN NO CASE MAY A BUSINESS FIRM RECEIVE TAX CREDITS IN ANY 3 TAX YEAR IN EXCESS OF [$200,000] $300,000 FOR CONTRIBUTIONS 4 UNDER SUBSECTIONS (A) AND (B). IN NO CASE SHALL A BUSINESS FIRM 5 RECEIVE TAX CREDITS IN ANY TAX YEAR IN EXCESS OF [$100,000] 6 $150,000 FOR CONTRIBUTIONS UNDER SUBSECTION (C). 7 (E) PASS-THROUGH ENTITY.-- 8 (1) IF A PASS-THROUGH ENTITY DOES NOT USE ALL APPROVED 9 TAX CREDITS UNDER SECTION 2005-B, IT MAY ELECT IN WRITING, 10 ACCORDING TO PROCEDURES ESTABLISHED BY THE DEPARTMENT OF 11 REVENUE, TO TRANSFER ALL OR A PORTION OF THE CREDIT TO 12 SHAREHOLDERS, MEMBERS OR PARTNERS IN PROPORTION TO THE SHARE 13 OF THE ENTITY'S DISTRIBUTIVE INCOME TO WHICH THE SHAREHOLDER, 14 MEMBER OR PARTNER IS ENTITLED. 15 (2) A PASS-THROUGH ENTITY AND A SHAREHOLDER, MEMBER OR 16 PARTNER OF A PASS-THROUGH ENTITY SHALL NOT CLAIM THE CREDIT 17 UNDER THIS SECTION FOR THE SAME CONTRIBUTION. 18 (3) A SHAREHOLDER, MEMBER OR PARTNER OF A PASS-THROUGH 19 ENTITY TO WHOM A CREDIT IS TRANSFERRED UNDER THIS SECTION 20 SHALL IMMEDIATELY CLAIM THE CREDIT IN THE TAXABLE YEAR IN 21 WHICH THE TRANSFER IS MADE. THE SHAREHOLDER, MEMBER OR 22 PARTNER MAY NOT CARRY FORWARD, CARRY BACK, OBTAIN A REFUND OF 23 OR SELL OR ASSIGN THE CREDIT. 24 (F) RESTRICTION ON APPLICABILITY OF CREDITS.--NO CREDITS 25 GRANTED UNDER THIS SECTION SHALL BE APPLIED AGAINST ANY TAX 26 WITHHELD BY AN EMPLOYER FROM AN EMPLOYEE UNDER ARTICLE III OF 27 THE TAX REFORM CODE OF 1971. 28 (G) TIME OF APPLICATION FOR CREDITS.-- 29 (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3), THE 30 DEPARTMENT MAY ACCEPT APPLICATIONS FOR TAX CREDITS AVAILABLE 20070H1067B4199 - 37 -
1 DURING A FISCAL YEAR NO EARLIER THAN JULY 1 OF EACH FISCAL 2 YEAR. 3 (2) THE APPLICATION OF ANY BUSINESS FIRM FOR TAX CREDITS 4 AVAILABLE DURING A FISCAL YEAR AS PART OF THE SECOND YEAR OF 5 A TWO-YEAR COMMITMENT MAY BE ACCEPTED NO EARLIER THAN MAY 15 6 PRECEDING THE FISCAL YEAR. 7 (3) THE APPLICATION UNDER SUBSECTION (A) OF ANY PASS- 8 THROUGH ENTITY FOR APPROVAL OF SINGLE-YEAR TAX CREDITS 9 AVAILABLE DURING A FISCAL YEAR AGAINST THE TAXES IMPOSED 10 UNDER ARTICLE III OF THE TAX REFORM CODE OR UNDER SUBSECTION 11 (B) FOR APPROVAL OF CREDITS AGAINST SUCH TAXES FOR THE FIRST 12 YEAR OF A TWO-YEAR COMMITMENT MAY BE ACCEPTED BY THE 13 DEPARTMENT NO EARLIER THAN THE FIRST BUSINESS DAY FOLLOWING 14 JULY 7 OF THE FISCAL YEAR. 15 SECTION 24. SECTION 2006-B(C) OF THE ACT, AMENDED DECEMBER 16 23, 2003 (P.L.304, NO.48), IS AMENDED TO READ: 17 SECTION 2006-B. LIMITATIONS. 18 * * * 19 (C) TAX LIABILITY.--[A] 20 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), A TAX CREDIT 21 GRANTED FOR ANY ONE TAXABLE YEAR MAY NOT EXCEED THE TAX 22 LIABILITY OF A BUSINESS FIRM. 23 (2) IN THE CASE OF A CREDIT GRANTED TO A PASS-THROUGH 24 ENTITY WHICH ELECTS TO TRANSFER THE CREDIT ACCORDING TO 25 SECTION 2005-B(E), A TAX CREDIT GRANTED FOR ANY ONE TAXABLE 26 YEAR AND TRANSFERRED TO A SHAREHOLDER, MEMBER OR PARTNER MAY 27 NOT EXCEED THE TAX LIABILITY OF THE SHAREHOLDER, MEMBER OR 28 PARTNER. 29 * * * 30 SECTION 25. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ: 20070H1067B4199 - 38 -
1 ARTICLE XX-D 2 STATE-RELATED UNIVERSITY REPORTING 3 SECTION 2001-D. DEFINITIONS. 4 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE 5 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 6 CONTEXT CLEARLY INDICATES OTHERWISE: 7 "ACADEMIC AND ADMINISTRATIVE SUPPORT UNITS." ANY 8 ORGANIZATIONAL ENTITY, AS DEFINED IN THE ORGANIZATIONAL MANUAL 9 OF THE UNIVERSITY, THAT REPORTS DIRECTLY TO THE PRESIDENT OF THE 10 UNIVERSITY, CHIEF ACADEMIC OFFICER OR VICE PRESIDENT, INCLUDING 11 THE OFFICE OF THE PRESIDENT, CHIEF ACADEMIC OFFICER AND VICE 12 PRESIDENT. 13 "DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE 14 COMMONWEALTH. 15 "EXPENDITURES." DISBURSEMENTS OR PAYMENTS OF STATE 16 APPROPRIATIONS, TUITION AND FEES SUPPORTING OPERATIONAL, 17 EDUCATIONAL OR OTHER GENERAL CATEGORIES OF EXPENSES AS DEFINED 18 IN: THE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS PRESCRIBED 19 BY THE NATIONAL ASSOCIATION OF COLLEGE AND UNIVERSITY BUSINESS 20 OFFICERS, THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC 21 ACCOUNTANTS, OR BY THEIR SUCCESSORS, OR BY ANY OTHER RECOGNIZED 22 AUTHORITATIVE BODY; THE "COMMONWEALTH OF PENNSYLVANIA BUDGET 23 INSTRUCTIONS FOR THE STATE SYSTEM OF HIGHER EDUCATION, STATE- 24 RELATED UNIVERSITIES AND NON-STATE-RELATED COLLEGES AND 25 UNIVERSITIES"; AND, THE FINANCIAL REPORTING POLICIES AND 26 STANDARDS PROMULGATED BY THE COMMONWEALTH OF PENNSYLVANIA AND BY 27 THE FEDERAL GOVERNMENT THAT APPLY TO THE PENNSYLVANIA STATE 28 UNIVERSITY. 29 "REVENUE." ALL STATE APPROPRIATIONS, TUITION AND FEES. 30 "STATE-RELATED INSTITUTION." THE PENNSYLVANIA STATE 20070H1067B4199 - 39 -
1 UNIVERSITY, THE UNIVERSITY OF PITTSBURGH, TEMPLE UNIVERSITY, 2 LINCOLN UNIVERSITY AND THEIR BRANCH CAMPUSES. 3 SECTION 2002-D. REPORTING GUIDELINES. 4 IN ANY YEAR A STATE-RELATED INSTITUTION RECEIVES A 5 NONPREFERRED APPROPRIATION, A REPORT SHALL BE SUBMITTED IN 6 ELECTRONIC FORMAT TO THE DEPARTMENT AND THE JOINT STATE 7 GOVERNMENT COMMISSION AND SHALL INCLUDE DATA FOR ALL PROGRAMS. 8 THE REPORT, TO BE SUBMITTED PRIOR TO SEPTEMBER 1, SHALL COVER 9 THE 12-MONTH PERIOD BEGINNING WITH THE SUMMER TERM OF THE 10 PRECEDING YEAR AND SHALL INCLUDE: 11 (1) THE FOLLOWING COUNTS AND DISTRIBUTIONS FOR EACH TERM 12 DURING THE PERIOD: 13 (I) THE DEFINITIONS AND NUMBERS OF FACULTY MEMBERS 14 EMPLOYED FULL TIME, OF FACULTY MEMBERS EMPLOYED PART 15 TIME, OF FULL-TIME STUDENTS ENROLLED IN GRADUATE COURSES, 16 OF FULL-TIME STUDENTS ENROLLED IN UNDERGRADUATE COURSES, 17 OF PART-TIME STUDENTS ENROLLED IN GRADUATE COURSES AND OF 18 PART-TIME STUDENTS ENROLLED IN UNDERGRADUATE COURSES. 19 (II) THE TOTAL NUMBERS OF UNDERGRADUATE STUDENT 20 CREDIT HOURS, DIVIDED INTO LOWER DIVISION AND UPPER 21 DIVISION COURSE LEVELS, AND OF GRADUATE STUDENT CREDIT 22 HOURS, DIVIDED INTO THREE COURSE LEVELS: MASTER'S, FIRST 23 PROFESSIONAL AND DOCTORAL. 24 (III) THE NUMBER OF DIFFERENT COURSES SCHEDULED BY 25 LEVEL OF INSTRUCTION AND THE NUMBER OF SECTIONS OF 26 INDIVIDUAL INSTRUCTION SCHEDULED BY LEVEL OF INSTRUCTION, 27 EACH FURTHER SUBDIVIDED BY TWO-DIGIT CLASSIFICATION OF 28 INSTRUCTIONAL PROGRAM (CIP) CATEGORIES OF INSTRUCTIONAL 29 PROGRAMS OF HIGHER EDUCATION AS DEFINED BY THE NATIONAL 30 CENTER FOR EDUCATION STATISTICS, UNITED STATES DEPARTMENT 20070H1067B4199 - 40 -
1 OF EDUCATION. 2 (IV) THE NUMBER OF TERMS SCHEDULED AND THE DATES 3 THEREOF. 4 (2) FOR THE SUMMER TERM AND THE FOLLOWING ACADEMIC YEAR 5 IN TOTAL AND FOR EACH TWO-DIGIT CIP PROGRAM CATEGORY, A 6 CLASSIFICATION OF FACULTY MEMBERS OR OTHER PROFESSIONAL 7 EMPLOYEES BY TITLE, INCLUDING: PROFESSOR, ASSOCIATE 8 PROFESSOR, ASSISTANT PROFESSOR, INSTRUCTOR, LECTURER, 9 RESEARCH ASSOCIATE, LIBRARIAN AND ACADEMIC ADMINISTRATOR; 10 FACULTY MEMBERS OR OTHER PROFESSIONAL EMPLOYEES UNDER EACH 11 TITLE TO BE SUBDIVIDED BY TYPE OF ASSIGNMENT: TEACHING AND 12 NONTEACHING; AND EACH SUCH SET OF FACULTY MEMBERS OR OTHER 13 PROFESSIONAL EMPLOYEES TO BE FURTHER SUBDIVIDED BY TYPE OF 14 EMPLOYMENT: FULL-TIME OR PART-TIME; AND THE FOLLOWING 15 AGGREGATES FOR EACH SUCH SUBDIVIDED CLASSIFICATION: 16 (I) THE NUMBER OF FACULTY AND OTHER PROFESSIONAL 17 EMPLOYEES AND THEIR FULL-TIME EQUIVALENCE IN 18 INSTRUCTIONAL AND NONINSTRUCTIONAL FUNCTIONS. 19 (II) THE SUM OF CREDITS ASSIGNED TO UNDERGRADUATE 20 CLASSROOM COURSES AND THE SUM OF CREDITS ASSIGNED TO 21 GRADUATE CLASSROOM COURSES TAUGHT, DIVIDED INTO LOWER 22 DIVISION, UPPER DIVISION, MASTER'S, FIRST PROFESSIONAL 23 AND DOCTORAL COURSE LEVELS. 24 (III) THE SUM OF CREDITS ASSIGNED TO UNDERGRADUATE 25 INDIVIDUAL INSTRUCTION COURSES AND THE SUM OF CREDITS 26 ASSIGNED TO GRADUATE INDIVIDUAL INSTRUCTION COURSES 27 TAUGHT, DIVIDED INTO LOWER DIVISION, UPPER DIVISION, 28 MASTER'S, FIRST PROFESSIONAL AND DOCTORAL COURSE LEVELS. 29 (IV) THE SUM OF UNDERGRADUATE CLASSROOM STUDENT 30 CREDIT HOURS AND THE SUM OF GRADUATE CLASSROOM STUDENT 20070H1067B4199 - 41 -
1 CREDIT HOURS GENERATED, DIVIDED INTO LOWER DIVISION, 2 UPPER DIVISION, MASTER'S, FIRST PROFESSIONAL AND DOCTORAL 3 COURSE LEVELS. 4 (V) THE SUM OF UNDERGRADUATE INDIVIDUAL INSTRUCTION 5 STUDENT CREDIT HOURS AND THE SUM OF GRADUATE INDIVIDUAL 6 INSTRUCTION STUDENT CREDIT HOURS GENERATED, DIVIDED INTO 7 LOWER DIVISION, UPPER DIVISION, MASTER'S, FIRST 8 PROFESSIONAL AND DOCTORAL COURSE LEVELS. 9 (VI) THE TOTAL SALARY PAID FOR INSTRUCTIONAL 10 FUNCTIONS AND FOR NONINSTRUCTIONAL FUNCTIONS AND THE 11 AMOUNT OF THIS SALARY PAID FOR EACH OF THESE FUNCTIONS 12 FROM UNIVERSITY FUNDS, FEDERAL FUNDS AND OTHER FUNDS. 13 (3) FOR EACH TERM OF THE PERIOD COVERED FOR EACH FACULTY 14 MEMBER EMPLOYED FULL TIME IDENTIFIED BY TWO-DIGIT CIP PROGRAM 15 CATEGORY AND TITLE, THE REPORT SHALL CONTAIN AN ANALYSIS OF 16 THE AVERAGE HOURS PER WEEK SPENT IN UNIVERSITY-RELATED 17 ACTIVITIES, STATING SPECIFICALLY HOURS SPENT IN UNDERGRADUATE 18 CLASSROOM CONTACT AND GRADUATE CLASSROOM CONTACT, HOURS SPENT 19 IN PREPARATION, HOURS SPENT IN RESEARCH AND HOURS SPENT IN 20 PUBLIC SERVICE. 21 SECTION 2003-D. ADDITIONAL REPORT REQUIREMENTS. 22 IN ADDITION TO THE REQUIREMENTS IN SECTION 2002-D RELATIVE TO 23 ANY APPROPRIATION, THE REPORT COVERING THE 12-MONTH PERIOD SHALL 24 INCLUDE FOR ALL PROGRAMS OF THE UNIVERSITY: 25 (1) MINIMUM NUMBER OF CREDITS REQUIRED FOR A 26 BACCALAUREATE DEGREE AND FOR A MASTER'S DEGREE. 27 (2) NUMBER OF BACHELOR'S DEGREES, MASTER'S DEGREES, 28 FIRST PROFESSIONAL DEGREES AND DOCTORAL DEGREES AWARDED FOR 29 THE PREVIOUS FIVE YEARS AND THOSE ESTIMATES FOR THAT YEAR. 30 SECTION 2004-D. DISCLOSURE. 20070H1067B4199 - 42 -
1 (A) EXPENDITURES.--THE UNIVERSITY SHALL DISCLOSE THE 2 FOLLOWING: 3 (1) REVENUE AND EXPENDITURE BUDGETS OF THE UNIVERSITY'S 4 ACADEMIC AND ADMINISTRATIVE SUPPORT UNITS FOR THE CURRENT 5 FISCAL YEAR. 6 (2) THE ACTUAL REVENUE AND EXPENDITURES FOR THE PRIOR 7 YEAR IN THE SAME FORMAT AS THE INFORMATION REPORTED UNDER 8 PARAGRAPH (1). 9 (3) FOR ANY DEFINED PROJECT OR PROGRAM WHICH IS THE 10 SUBJECT OF A SPECIFIC LINE ITEM APPROPRIATION FROM THE 11 GENERAL FUND, THE UNIVERSITY SHALL DISCLOSE THE FOLLOWING: 12 (I) REVENUE AND EXPENDITURE BUDGETS OF THE DEFINED 13 PROGRAM OR PROJECT FOR THE CURRENT FISCAL YEAR. 14 (II) THE ACTUAL REVENUE AND EXPENDITURES OF THE 15 DEFINED PROGRAM OR PROJECT FOR THE PRIOR YEAR IN THE SAME 16 FORMAT AS THE INFORMATION REPORTED UNDER PARAGRAPH (1). 17 (4) THE REVENUE AND EXPENDITURES OF ANY AUXILIARY 18 ENTERPRISE WHICH IS DIRECTLY FUNDED IN WHOLE OR IN PART BY 19 TUITION OR A STATE APPROPRIATION FOR THE CURRENT FISCAL YEAR. 20 (B) PRIOR FISCAL YEAR.--THE UNIVERSITY SHALL PROVIDE THE 21 FOLLOWING ADDITIONAL INFORMATION FOR THE PRIOR FISCAL YEAR FOR 22 EACH ACADEMIC OR ADMINISTRATIVE SUPPORT UNIT, FOR EACH DEFINED 23 PROJECT OR PROGRAM AND FOR ANY AUXILIARY ENTERPRISE: 24 (1) THE NUMBER OF EMPLOYEES BY ACADEMIC RANK AND BY 25 CLASSIFICATION THE NUMBER OF ADMINISTRATORS, STAFF, CLERICAL 26 AND TECHNICAL SERVICE EMPLOYEES. 27 (2) MEDIAN AND MEAN SALARY BY ACADEMIC RANK AND BY 28 CLASSIFICATION THE MEDIAN AND MEAN SALARIES OF 29 ADMINISTRATORS, STAFF, CLERICAL AND TECHNICAL SERVICE 30 EMPLOYEES. 20070H1067B4199 - 43 -
1 (3) NONSALARY COMPENSATION AS A PERCENTAGE OF SALARY. 2 NONSALARY COMPENSATION SHALL INCLUDE, BUT NOT BE LIMITED TO, 3 MEDICAL BENEFITS, LIFE INSURANCE BENEFITS, PENSION BENEFITS, 4 LEAVE BENEFITS, EMPLOYER SOCIAL SECURITY PAYMENTS AND 5 WORKERS' COMPENSATION BENEFITS. 6 (4) A STATEMENT OF THE UNIVERSITY'S RETIREMENT POLICIES. 7 (5) A POLICY STATEMENT RELATING TO A REDUCTION OF 8 TUITION FOR EMPLOYEES' FAMILY MEMBERS. 9 (6) A LIST OF PURCHASE OF SERVICE CONTRACTS WHICH EXCEED 10 $1,000 BY CATEGORY OF SERVICE, INCLUDING, BUT NOT LIMITED TO, 11 LEGAL, INSTRUCTIONAL, MANAGEMENT, ACCOUNTING, ARCHITECTURE, 12 PUBLIC RELATIONS AND MAINTENANCE. THE LIST SHALL CONTAIN THE 13 NAME AND ADDRESS OF THE CONTRACTOR, A STATEMENT OF THE NATURE 14 OF THE DUTIES OF THE CONTRACTOR AND THE ACADEMIC AND 15 ADMINISTRATIVE SUPPORT UNIT FOR WHICH THE DUTIES ARE 16 PERFORMED. IF A PURCHASE OF SERVICE CONTRACT EXCEEDS 10% OF 17 THE TOTAL AGGREGATE EXPENDITURE OF THE CONTRACT CATEGORY PER 18 ACADEMIC OR ADMINISTRATIVE SUPPORT UNIT, THEN THE CONTRACTED 19 AMOUNT SHALL ALSO BE LISTED. 20 (7) A LIST OF PURCHASE OF GOODS CONTRACTS WHICH EXCEED 21 $1,000. THE LIST SHALL CONTAIN THE NAME AND ADDRESS OF THE 22 CONTRACTOR AND A LIST OF THE GOODS PURCHASED AND THE ACADEMIC 23 OR ADMINISTRATIVE SUPPORT UNIT FOR WHICH SUCH GOODS WERE 24 CONTRACTED. IF A PURCHASE OF GOODS CONTRACT EXCEEDS 10% OF 25 THE TOTAL AGGREGATE EXPENDITURE PER ACADEMIC OR 26 ADMINISTRATIVE SUPPORT UNIT, THEN THE CONTRACTED AMOUNT SHALL 27 ALSO BE LISTED. 28 (8) A LIST BY ACADEMIC OR ADMINISTRATIVE SUPPORT UNIT IN 29 THE AGGREGATE OF THE EXPENSES OF TRAVEL, SUBSISTENCE AND 30 LODGING, WHETHER PROVIDED OR REIMBURSED. 20070H1067B4199 - 44 -
1 (C) FORMAT.--THE UNIVERSITY SHALL SUBMIT IN ELECTRONIC 2 FORMAT A REPORT OF THE INFORMATION UNDER SUBSECTIONS (A) AND (B) 3 TO THE DEPARTMENT AND THE JOINT STATE GOVERNMENT COMMISSION. 4 EACH SUCH INSTITUTION SHALL MAINTAIN A COPY OF THE REPORT IN THE 5 INSTITUTION'S LIBRARY AND SHALL SUBMIT A COPY TO EACH OF THE 6 FOUR STATE REGIONAL LIBRARY RESOURCE CENTERS. 7 (D) TIME FRAME.--A UNIVERSITY'S REPORT REQUIRED TO BE 8 SUBMITTED UNDER THIS SECTION SHALL BE SUBMITTED WITHIN 180 DAYS 9 OF THE CLOSE OF THE UNIVERSITY'S CURRENT FISCAL YEAR. 10 (E) MINUTES.--THE UNIVERSITY SHALL MAKE A COPY OF THE 11 MINUTES OF EACH PUBLIC MEETING OF THE INSTITUTION'S BOARD OF 12 TRUSTEES, AS WELL AS A COPY OF THE INSTITUTION'S INTEGRATED 13 POSTSECONDARY EDUCATION DATA SYSTEMS REPORT, AVAILABLE FOR 14 PUBLIC INSPECTION IN THE INSTITUTION'S LIBRARY. 15 SECTION 2005-D. COMPARATIVE ANALYSIS AND POSTING BY COMMISSION. 16 THE JOINT STATE GOVERNMENT COMMISSION SHALL DEVELOP A 17 STATISTICAL COMPARISON ANALYSIS RECOGNIZING DIFFERENCES IN 18 MISSIONS FROM THE REPORTS MADE UNDER THIS ARTICLE. A MAJORITY OF 19 THE MEMBERS OF THE COMMISSION MAY REQUEST ADDITIONAL 20 DOCUMENTATION, EXCEPT FOR SALARY OR IDENTITY OF INDIVIDUALS, 21 NECESSARY TO COMPLETE THE COMPARATIVE ANALYSIS. THE COMPARISON 22 SHALL BE PROVIDED TO THE EDUCATION COMMITTEE OF THE SENATE AND 23 THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE EDUCATION 24 COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE APPROPRIATIONS 25 COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE FOUR STATE 26 REGIONAL LIBRARIES. THE COMPARATIVE ANALYSIS SHALL BE POSTED ON 27 THE JOINT STATE GOVERNMENT COMMISSION'S INTERNET WEBSITE FOR A 28 PERIOD OF NO LESS THAN FIVE YEARS FROM THE DATE OF SUBMISSION. 29 SECTION 2006-D. POSTING OF REPORTS BY DEPARTMENT. 30 THE REPORTS REQUIRED UNDER THIS ARTICLE SHALL BE POSTED ON 20070H1067B4199 - 45 -
1 THE DEPARTMENT'S INTERNET WEBSITE FOR A PERIOD OF NO LESS THAN 2 FIVE YEARS FROM THE DATE OF SUBMISSION. 3 SECTION 26. SECTION 2103 OF THE ACT IS AMENDED TO READ: 4 SECTION 2103. BOARD OF PUBLIC EDUCATION; ADDITIONAL 5 DUTIES.--THE DUTIES OF THE BOARD OF PUBLIC EDUCATION IN 6 DISTRICTS OF THE FIRST CLASS, IN ADDITION TO THE DUTIES 7 PRESCRIBED IN THIS ACT, SHALL BE-- 8 (1) TO DEFINE THE GENERAL POLICIES OF THE SCHOOL SYSTEM, 9 (2) TO LEGISLATE UPON ALL MATTERS PERTAINING THERETO, 10 (3) TO DETERMINE AND DIRECT ALL EXPENDITURES FOR THE 11 MAINTENANCE AND IMPROVEMENT OF THE SCHOOL SYSTEM, 12 (4) TO APPOINT THE OFFICERS HEREIN PRESCRIBED AND DEFINE 13 THEIR DUTIES, 14 (5) TO APPOINT TEACHERS, 15 (6) TO GRANT AND AWARD SCHOLARSHIPS ON A MERIT BASIS, 16 (7) IN GENERAL TO LEGISLATE UPON ALL MATTERS CONCERNING THE 17 CONDUCT OF THE SCHOOLS SUBJECT TO THE PROVISIONS OF THIS ACT. 18 (8) PROVIDED, THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 19 1326, THE GOVERNING AUTHORITY OF THE SCHOOL DISTRICT MAY 20 ESTABLISH THE COMPULSORY SCHOOL AGE AT NO EARLIER THAN AGE SIX. 21 THE PROVISIONS OF SECTION 1326 SHALL CONTINUE TO APPLY TO ANY 22 STUDENT ENROLLED IN A PROGRAM UNDER SECTION 1327.1 OR TO ANY 23 STUDENT WHOSE PARENT OR GUARDIAN FILES A NOTICE WITH THE 24 SUPERINTENDENT OF THE SCHOOL DISTRICT OF THE INTENTION TO ENROLL 25 THE STUDENT IN A PROGRAM UNDER SECTION 1327.1. 26 SECTION 27. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 27 SECTION 2317. STATE AID FOR FISCAL YEAR 2008-2009. 28 (A) GENERAL RULE.--EACH LIBRARY SUBJECT TO THE ACT OF JUNE 29 14, 1961 (P.L.324, NO.188), KNOWN AS THE LIBRARY CODE, THAT 30 RECEIVED A STATE AID ALLOCATION FOR FISCAL YEAR 2007-2008 UNDER 20070H1067B4199 - 46 -
1 SECTION 2316 AND WHICH COMPLIES WITH THE STANDARDS CONTAINED IN 2 THE LIBRARY CODE AND REGULATIONS PROMULGATED UNDER THE LIBRARY 3 CODE RELATING TO HOURS OF OPERATION, CONTINUING PROFESSIONAL 4 DEVELOPMENT, COLLECTIONS EXPENDITURES AND ANY OTHER STANDARDS 5 RELATED TO LIBRARY OPERATIONS AS REQUIRED UNDER SECTION 104 OF 6 THE LIBRARY CODE SHALL BE ELIGIBLE FOR STATE AID IN FISCAL YEAR 7 2008-2009. 8 (B) FORMULA.--STATE AID UNDER THIS SECTION SHALL CONSIST OF 9 THE FOLLOWING: 10 (1) DIVIDE THE SUM OF THE AMOUNT OF FUNDING THAT THE 11 LIBRARY RECEIVED IN FISCAL YEAR 2007-2008 UNDER SECTION 2316 12 BY THE TOTAL STATE AID SUBSIDY FOR FISCAL YEAR 2007-2008 AND 13 MULTIPLY THE QUOTIENT BY THE TOTAL STATE AID SUBSIDY FOR 14 2008-2009. 15 (2) AFTER DISTRIBUTION OF STATE AID TO LIBRARIES UNDER 16 THIS SECTION, ANY REMAINING UNALLOCATED FUNDS MAY BE 17 DISTRIBUTED AT THE DISCRETION OF THE STATE LIBRARIAN. 18 SECTION 28. THE DEFINITION OF "AVERAGE DAILY MEMBERSHIP" IN 19 SECTION 2501 OF THE ACT, AMENDED FEBRUARY 1, 1966 (1965 20 P.L.1642, NO.580), IS AMENDED AND THE SECTION IS AMENDED BY 21 ADDING DEFINITIONS TO READ: 22 SECTION 2501. DEFINITIONS.--FOR THE PURPOSES OF THIS ARTICLE 23 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 24 * * * 25 (3) "AVERAGE DAILY MEMBERSHIP" SHALL BE COMPUTED IN 26 ACCORDANCE WITH RULES OF PROCEDURE AS ESTABLISHED BY THE 27 [SUPERINTENDENT OF PUBLIC INSTRUCTION.] SECRETARY OF EDUCATION. 28 FOR THE PURPOSE OF CALCULATING THE BASIC EDUCATION FUNDING 29 ALLOCATION UNDER SECTION 2502.48, THE COMPUTATION SHALL BE 30 ADJUSTED FOR EACH LEVEL OF INSTRUCTION AS FOLLOWS: 20070H1067B4199 - 47 -
1 (I) HALF-TIME PREKINDERGARTEN AND HALF-TIME KINDERGARTEN: 2 .50; 3 (II) FULL-TIME PREKINDERGARTEN, FULL-TIME KINDERGARTEN, 4 ELEMENTARY AND SECONDARY: 1.00. 5 A CHILD ON WHOSE BEHALF PAYMENT IS MADE UNDER SECTION 1514-D 6 SHALL NOT BE INCLUDED IN THIS CALCULATION. 7 * * * 8 (26) "ACTUAL SPENDING." AN AMOUNT EQUAL TO A SCHOOL 9 DISTRICT'S TOTAL EXPENDITURES TO INCLUDE GENERAL FUND 10 EXPENDITURES IN ALL FUNCTIONAL CLASSIFICATIONS, AS DESIGNATED IN 11 THE MANUAL OF ACCOUNTING AND RELATED FINANCIAL PROCEDURES FOR 12 PENNSYLVANIA SCHOOL SYSTEMS, EXCEPT FOR: 13 (I) SPECIAL EDUCATION; 14 (II) ADULT EDUCATION; 15 (III) HIGHER EDUCATION; 16 (IV) STUDENT TRANSPORTATION; 17 (V) COMMUNITY SERVICES; 18 (VI) SCHOLARSHIPS AND AWARDS; 19 (VII) FACILITIES ACQUISITION; 20 (VIII) CONSTRUCTION AND IMPROVEMENT SERVICES; 21 (IX) OTHER EXPENDITURES AND FINANCING USES; AND 22 (X) TUITION FROM PATRONS REVENUE. 23 (27) "FUNDING YEAR." THE MOST RECENT SCHOOL YEAR FOR WHICH 24 ALL SCHOOL DISTRICTS WERE REQUIRED BY THE DEPARTMENT TO SUBMIT 25 AN ANNUAL FINANCIAL REPORT PRIOR TO THE DATE AN EXECUTIVE BUDGET 26 WAS PROPOSED. 27 (28) "INDEX." AS ESTABLISHED BY THE DEPARTMENT IN EACH 28 CALENDAR YEAR FOR THE SUBSEQUENT FISCAL YEAR, THE AVERAGE OF: 29 (I) THAT AMOUNT DETERMINED BY THE DEPARTMENT OF LABOR AND 30 INDUSTRY IN THE SAME MANNER THAT IT DETERMINES THE AVERAGE 20070H1067B4199 - 48 -
1 WEEKLY WAGE UNDER SECTION 404(E)(2) OF THE ACT OF DECEMBER 5, 2 1936 (2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE 3 "UNEMPLOYMENT COMPENSATION LAW," EXCEPT THAT IT SHALL BE 4 CALCULATED FOR THE PRECEDING CALENDAR YEAR. 5 (II) THE MOST RECENT OFFICIAL FIGURES REPORTED BY THE UNITED 6 STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS FOR THE 7 PREVIOUS TWELVE-MONTH PERIOD BEGINNING JULY 1 AND ENDING JUNE 30 8 FOR THE EMPLOYMENT COST INDEX SERIES FOR ELEMENTARY AND 9 SECONDARY SCHOOLS. 10 (29) "LOCATION COST METRIC." AN INDEX OF GEOGRAPHIC COST 11 DIFFERENCES FOR EACH COUNTY AS PUBLISHED BY THE DEPARTMENT ON 12 ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE ON FEBRUARY 5, 2008. 13 THE INDEX SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN NO 14 LATER THAN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THIS 15 CLAUSE. 16 (30) "MODIFIED AVERAGE DAILY MEMBERSHIP" OR "MODIFIED ADM." 17 THE SUM OF THE FOLLOWING PRODUCTS: 18 (I) FIFTY-TWO ONE-HUNDREDTHS (.52) AND THE SCHOOL DISTRICT'S 19 AVERAGE DAILY MEMBERSHIP IN THE FUNDING YEAR; 20 (II) TWENTY-SIX ONE-HUNDREDTHS (.26) AND THE SCHOOL 21 DISTRICT'S AVERAGE DAILY MEMBERSHIP IN THE SCHOOL YEAR PRIOR TO 22 THE FUNDING YEAR; 23 (III) THIRTEEN ONE-HUNDREDTHS (.13) AND THE SCHOOL 24 DISTRICT'S AVERAGE DAILY MEMBERSHIP TWO (2) SCHOOL YEARS PRIOR 25 TO THE FUNDING YEAR; 26 (IV) SIX ONE-HUNDREDTHS (0.06) AND THE SCHOOL DISTRICT'S 27 AVERAGE DAILY MEMBERSHIP THREE (3) SCHOOL YEARS PRIOR TO THE 28 FUNDING YEAR; AND 29 (V) THREE ONE-HUNDREDTHS (.03) AND THE SCHOOL DISTRICT'S 30 AVERAGE DAILY MEMBERSHIP FOUR (4) YEARS PRIOR TO THE FUNDING 20070H1067B4199 - 49 -
1 YEAR. 2 SECTION 29. SECTION 2502.46 OF THE ACT IS AMENDED BY ADDING 3 A PARAGRAPH TO READ: 4 SECTION 2502.46. FUNDING FOR PARTNERSHIP SCHOOLS.--THE 5 FOLLOWING SHALL APPLY: 6 * * * 7 (5) (I) NO LATER THAN SEPTEMBER 1, 2008, AND EACH SEPTEMBER 8 1 THEREAFTER, A SCHOOL DISTRICT OF THE FIRST CLASS SHALL FILE A 9 REPORT WITH THE DEPARTMENT OF EDUCATION CONTAINING THE FOLLOWING 10 INFORMATION WITH REGARD TO PROGRAMS FUNDED UNDER THIS SECTION 11 FOR THE IMMEDIATELY PRECEDING SCHOOL YEAR: 12 (A) THE NAME OF EACH SCHOOL WHOSE OPERATION WAS GOVERNED BY 13 AN AGREEMENT PURSUANT TO PARAGRAPH (1); THE GRADE LEVELS SERVED 14 AND THE NUMBER OF CHILDREN ATTENDING EACH SCHOOL; AND THE NAME 15 OF THE PERSON OR PERSONS WITH WHOM THE DISTRICT HAS MADE AN 16 AGREEMENT FOR THAT SCHOOL'S OPERATIONS. 17 (B) THE TOTAL DOLLAR AMOUNT OF COSTS SPECIFIED IN THE 18 AGREEMENT EXISTING BETWEEN THE SCHOOL DISTRICT AND EACH PARTNER 19 TO BE PAID TO THE PARTNER AND THE TERMS AND CONDITIONS SPECIFIED 20 IN EACH AGREEMENT. 21 (C) THE TOTAL DOLLAR AMOUNT OF COSTS ACTUALLY PAID BY THE 22 SCHOOL DISTRICT TO EACH PARTNER FOR THE OPERATION OF ITS 23 PARTNERSHIP SCHOOL OR SCHOOLS. 24 (D) IF A DIFFERENCE EXISTS BETWEEN THE DOLLAR AMOUNTS 25 REPORTED IN CLAUSE (C) AND THOSE REPORTED IN CLAUSE (B), AN 26 EXPLANATION FOR THE DIFFERENCE. 27 (E) IF A DIFFERENCE EXISTS BETWEEN THE DOLLAR AMOUNTS 28 REPORTED IN CLAUSE (C) AND THE DOLLAR AMOUNT REQUIRED TO BE 29 EXPENDED BY THE DISTRICT PURSUANT TO PARAGRAPH (1), AN 30 ACCOUNTING OF WHERE THE UNEXPENDED DOLLARS WERE UTILIZED. 20070H1067B4199 - 50 -
1 (II) INCLUDED IN THE REPORT DUE NO LATER THAN SEPTEMBER 1, 2 2008, SHALL BE THE INFORMATION REQUIRED PURSUANT TO SUBPARAGRAPH 3 (I)(A) AND (B) AS PROVIDED FOR IN THE FINAL BUDGET ADOPTED BY A 4 SCHOOL DISTRICT OF THE FIRST CLASS FOR THE 2008-2009 SCHOOL 5 YEAR. 6 (III) A SCHOOL DISTRICT OF THE FIRST CLASS MAY SUBMIT AN 7 UPDATED PLAN FOR THE OPERATIONS OF SCHOOLS GOVERNED BY 8 AGREEMENTS PURSUANT TO THIS SECTION ANTICIPATED FOR THE 2009- 9 2010 SCHOOL YEAR AT ANY TIME DURING THE 2008-2009 SCHOOL YEAR. 10 (IV) NO LATER THAN THIRTY (30) DAYS AFTER RECEIPT OF THIS 11 REPORT, A COPY SHALL BE FURNISHED TO THE CHAIRMAN AND MINORITY 12 CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE 13 CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE 14 OF THE HOUSE OF REPRESENTATIVES. 15 SECTION 30. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: 16 SECTION 2502.48. BASIC EDUCATION FUNDING FOR STUDENT 17 ACHIEVEMENT.--(A) THE DEPARTMENT OF EDUCATION SHALL CALCULATE A 18 BASE COST PER STUDENT. FOR THE 2007-2008 SCHOOL YEAR, THE BASE 19 COST PER STUDENT SHALL BE EIGHT THOUSAND THREE DOLLARS ($8,003) 20 INCREASED BY THE 2008-2009 INDEX. 21 (B) THE DEPARTMENT OF EDUCATION SHALL DETERMINE AN ADEQUACY 22 TARGET FOR EACH SCHOOL DISTRICT BY CALCULATING THE SUM OF THE 23 FOLLOWING: 24 (1) A BASE COST DETERMINED BY CALCULATING THE PRODUCT OF THE 25 BASE COST PER STUDENT AND THE SCHOOL DISTRICT'S MODIFIED ADM. 26 (2) A POVERTY SUPPLEMENT DETERMINED BY CALCULATING THE 27 PRODUCT OF: 28 (I) THE BASE COST PER STUDENT; 29 (II) THE NUMBER OF STUDENTS ENROLLED IN THE SCHOOL DISTRICT 30 ON OCTOBER 31 OF THE FUNDING YEAR WHO WERE ELIGIBLE FOR FREE OR 20070H1067B4199 - 51 -
1 REDUCED PRICE MEALS UNDER THE SCHOOL LUNCH PROGRAM; AND 2 (III) FORTY-THREE ONE-HUNDREDTHS (.43). 3 (3) A DISTRICT SIZE SUPPLEMENT DETERMINED BY CALCULATING THE 4 MAXIMUM OF ZERO AND THE PRODUCT OF: 5 (I) THE BASE COST PER STUDENT; 6 (II) THE SCHOOL DISTRICT'S FUNDING YEAR AVERAGE DAILY 7 MEMBERSHIP; AND 8 (III) THE SUM OF FOUR HUNDRED EIGHTY-THREE ONE-THOUSANDTHS 9 (.483) AND THE PRODUCT OF THE NATURAL LOGARITHM OF THE SCHOOL 10 DISTRICT'S FUNDING YEAR AVERAGE DAILY MEMBERSHIP AND NEGATIVE 11 FIVE ONE-HUNDREDTHS (-.05); 12 (4) AN ENGLISH LANGUAGE LEARNER SUPPLEMENT DETERMINED BY 13 CALCULATING THE PRODUCT OF: 14 (I) THE BASE COST PER STUDENT; 15 (II) THE NUMBER OF ENROLLED STUDENTS IDENTIFIED AS LIMITED 16 ENGLISH PROFICIENT IN THE FUNDING YEAR IN THE SCHOOL DISTRICT; 17 AND 18 (III) THE SUM OF THREE AND SEVEN HUNDRED FIFTY-THREE ONE- 19 THOUSANDTHS (3.753) AND THE PRODUCT OF THE NATURAL LOGARITHM OF 20 THE SCHOOL DISTRICT'S FUNDING YEAR AVERAGE DAILY MEMBERSHIP AND 21 NEGATIVE TWENTY-THREE ONE-HUNDREDTHS (-.23), PROVIDED THAT SUCH 22 AMOUNT SHALL BE NO LESS THAN ONE AND FORTY-EIGHT ONE-HUNDREDTHS 23 (1.48) AND NO GREATER THAN TWO AND FORTY-THREE ONE-HUNDREDTHS 24 (2.43). 25 (5) AN ADJUSTMENT FOR GEOGRAPHIC PRICE DIFFERENCES 26 CALCULATED AS FOLLOWS: 27 (I) ADD THE AMOUNTS UNDER PARAGRAPHS (1), (2), (3) AND (4). 28 (II) MULTIPLY: 29 (A) THE SUM UNDER SUBPARAGRAPH (I); BY 30 (B) THE SCHOOL DISTRICT'S LOCATION COST METRIC. 20070H1067B4199 - 52 -
1 (III) SUBTRACT: 2 (A) THE SUM UNDER SUBPARAGRAPH (I); FROM 3 (B) THE PRODUCT UNDER SUBPARAGRAPH (II). 4 (C) (1) THE DEPARTMENT OF EDUCATION SHALL DETERMINE A STATE 5 FUNDING TARGET FOR EACH SCHOOL DISTRICT BY CALCULATING THE 6 PRODUCT OF: 7 (I) THE DIFFERENCE BETWEEN THE SCHOOL DISTRICT'S ADEQUACY 8 TARGET DETERMINED UNDER SUBSECTION (B) AND ITS ACTUAL SPENDING 9 FOR THE FUNDING YEAR, OR ZERO, WHICHEVER IS GREATER; 10 (II) THE SCHOOL DISTRICT'S MARKET VALUE/INCOME AID RATIO FOR 11 THE SCHOOL YEAR IN WHICH FUNDING OCCURS; AND 12 (III) THE LESSER OF ONE (1) AND THE SCHOOL DISTRICT'S 13 FUNDING YEAR EQUALIZED MILLAGE DIVIDED BY THE EQUALIZED MILLAGE 14 THAT REPRESENTS THE SEVENTY-FIFTH PERCENTILE OF THE EQUALIZED 15 MILLAGE OF ALL SCHOOL DISTRICTS IN THE FUNDING YEAR. 16 (2) IN FURTHERANCE OF THE GENERAL ASSEMBLY'S LONG-STANDING 17 COMMITMENT TO PROVIDING ADEQUATE FUNDING THAT WILL ENSURE 18 EQUITABLE STATE AND LOCAL INVESTMENTS IN PUBLIC EDUCATION AND IN 19 ORDER TO ENABLE STUDENTS TO ATTAIN APPLICABLE FEDERAL AND STATE 20 ACADEMIC STANDARDS, IT IS THE GOAL OF THIS COMMONWEALTH TO 21 REVIEW AND MEET STATE FUNDING TARGETS BY FISCAL YEAR 2013-2014. 22 (D) THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT A 23 BASIC EDUCATION FUNDING ALLOCATION FOR THE 2007-2008 SCHOOL YEAR 24 WHICH SHALL CONSIST OF THE FOLLOWING: 25 (1) AN AMOUNT EQUAL TO THE BASIC EDUCATION FUNDING 26 ALLOCATION FOR THE 2006-2007 SCHOOL YEAR UNDER SECTIONS 27 2502.13(M), 2502.47 AND 2504.4(A.3). 28 (2) IF A SCHOOL DISTRICT HAS BEEN DECLARED A COMMONWEALTH 29 PARTNERSHIP SCHOOL DISTRICT UNDER ARTICLE XVII-B, AN AMOUNT 30 EQUAL TO FOUR MILLION DOLLARS ($4,000,000). 20070H1067B4199 - 53 -
1 (3) (I) FOR A SCHOOL DISTRICT WITH 2006-2007 EQUALIZED 2 MILLAGE THAT IS GREATER THAN OR EQUAL TO 24.7, WHICH REPRESENTS 3 THE EIGHTIETH PERCENTILE OF THE EQUALIZED MILLAGE OF ALL SCHOOL 4 DISTRICTS AS OF THE EFFECTIVE DATE OF THIS SECTION, FOR THE 5 2007-2008 SCHOOL YEAR, SIXTEEN AND SEVENTY-FIVE ONE HUNDREDTHS 6 PERCENT (16.75%) OF THE STATE FUNDING TARGET DETERMINED UNDER 7 SUBSECTION (C). 8 (II) FOR A SCHOOL DISTRICT WITH 2006-2007 EQUALIZED MILLAGE 9 THAT IS LESS THAN 24.7, WHICH REPRESENTS THE EIGHTIETH 10 PERCENTILE OF THE EQUALIZED MILLAGE OF ALL SCHOOL DISTRICTS AS 11 OF THE EFFECTIVE DATE OF THIS SECTION, FOR THE 2007-2008 SCHOOL 12 YEAR, TEN PERCENT (10%) OF THE STATE FUNDING TARGET DETERMINED 13 UNDER SUBSECTION (C). 14 (E) THE DEPARTMENT OF EDUCATION SHALL PROVIDE ADDITIONAL 15 FUNDING FOR THE 2007-2008 SCHOOL YEAR TO ANY SCHOOL DISTRICT 16 WHERE THE AMOUNT DETERMINED UNDER SUBSECTION (D)(3) PROVIDES AN 17 AMOUNT LESS THAN THREE PERCENT (3%) OF THE AMOUNT DETERMINED 18 UNDER SUBSECTION (D)(1). THE AMOUNT OF ADDITIONAL FUNDING SHALL 19 BE THE AMOUNT REQUIRED SO THAT THE SUM OF SUBSECTION (D)(3) AND 20 THIS SUBSECTION EQUALS THREE PERCENT (3%) OF THE AMOUNT PROVIDED 21 UNDER SUBSECTION (D)(1). 22 SECTION 2502.49. ACCOUNTABILITY TO COMMONWEALTH TAXPAYERS.-- 23 (A) IN ANY SCHOOL DISTRICT WHERE THE AMOUNT OF BASIC EDUCATION 24 FUNDING ALLOCATED PURSUANT TO SECTION 2502.48 EXCEEDS THE AMOUNT 25 OF BASIC EDUCATION FUNDING ALLOCATED TO THE SCHOOL DISTRICT IN 26 THE PRIOR FISCAL YEAR BY MORE THAN THE INDEX, THE BOARD OF 27 SCHOOL DIRECTORS SHALL USE ONE HUNDRED PERCENT (100%) OF THE 28 PORTION OF THE INCREASE THAT EXCEEDS THE INDEX AS FOLLOWS: 29 (1) AT LEAST EIGHTY PERCENT (80%) OF SUCH FUNDS SHALL BE 30 USED TO OFFER ANY OF THE FOLLOWING FOR THE FIRST TIME OR TO 20070H1067B4199 - 54 -
1 EXPAND ANY OF THE FOLLOWING: 2 (I) PROGRAMS THAT INCREASE THE AMOUNT OF STUDENT 3 INSTRUCTIONAL TIME, WHICH MAY INCLUDE TUTORING, AN EXTENSION OF 4 THE SCHOOL DAY OR SCHOOL CALENDAR OR INTENSIVE SUPPORT FOR 5 STUDENTS WHO HAVE LIMITED ENGLISH PROFICIENCY. 6 (II) IMPLEMENTATION OF NEW CURRICULA OR COURSE OFFERINGS 7 THAT INCREASE THE NUMBER OF STUDENTS WHO GRADUATE FROM HIGH 8 SCHOOL PREPARED FOR COLLEGE AND HIGH-SKILL CAREERS. 9 (III) TRAINING OF PROFESSIONAL EMPLOYES IN THE DELIVERY OF A 10 CURRICULUM THAT INCREASES THE NUMBER OF STUDENTS WHO GRADUATE 11 FROM HIGH SCHOOL PREPARED FOR COLLEGE AND HIGH-SKILL CAREERS, IN 12 STRATEGIES FOR ADDRESSING THE LEARNING NEEDS OF STUDENTS AT RISK 13 OF ACADEMIC FAILURE OR NEEDING REMEDIATION OR IN STRATEGIES TO 14 ENSURE THAT STUDENTS STAY IN SCHOOL UNTIL GRADUATION AND 15 SUCCESSFULLY TRANSITION TO POSTSECONDARY EDUCATION OR THE WORK 16 FORCE. 17 (IV) REDUCTION OF CLASS SIZE. 18 (V) PREKINDERGARTEN OR FULL-DAY KINDERGARTEN. 19 (VI) INCENTIVES FOR THE MOST EFFECTIVE HIGHLY QUALIFIED 20 TEACHERS AND PRINCIPALS TO WORK IN A SCHOOL IDENTIFIED FOR 21 IMPROVEMENT OR CORRECTIVE ACTION. 22 (VII) SCHOOL LIBRARY SERVICES, WHICH MAY INCLUDE THE 23 EMPLOYMENT OF SCHOOL LIBRARIANS OR ADDITIONAL SCHOOL LIBRARY 24 STAFF, OR THE PURCHASE OF PRINTED OR ELECTRONIC MATERIALS OR 25 OTHER RESOURCES FOR THE SCHOOL LIBRARY COLLECTION. 26 (2) NO MORE THAN TEN PERCENT (10%) OF SUCH FUNDS MAY BE USED 27 TO MAINTAIN EXISTING PROGRAMS THAT MEET THE CRITERIA OF 28 PARAGRAPH (1) OR FOR ONE-TIME COSTS NECESSARY TO THE DELIVERY OF 29 INSTRUCTION THAT SHALL INCLUDE BOOKS, MATERIALS OR OTHER 30 SUPPLIES. 20070H1067B4199 - 55 -
1 (3) NO MORE THAN TEN PERCENT (10%) OF SUCH FUNDS MAY BE USED 2 FOR OTHER PROGRAMS OR ACTIVITIES THAT ARE ESSENTIAL TO ACHIEVING 3 OR MAINTAINING ACADEMIC PERFORMANCE TARGETS AND THAT ARE BASED 4 ON SOUND RESEARCH OR FOR ONE-TIME COSTS NECESSARY TO THE 5 DELIVERY OF INSTRUCTION THAT SHALL INCLUDE BOOKS, MATERIALS OR 6 OTHER SUPPLIES. 7 (B) THE FOLLOWING SHALL APPLY: 8 (1) A SCHOOL DISTRICT SUBJECT TO THIS SECTION SHALL SUBMIT A 9 PLAN TO THE DEPARTMENT OF EDUCATION NO LATER THAN AUGUST 1, 10 2008, AND NO LATER THAN APRIL 15 OF EACH YEAR THEREAFTER, 11 DETAILING ITS INTENDED USE OF FUNDS SUBJECT TO THIS SECTION IN 12 THE SUBSEQUENT FISCAL YEAR. IF A GENERAL APPROPRIATION BILL THAT 13 INCLUDES BASIC EDUCATION FUNDING FOR THE APPLICABLE FISCAL YEAR 14 HAS NOT BEEN ENACTED PRIOR TO THE DEADLINE, A SCHOOL DISTRICT 15 SHALL BASE ITS PLAN ON THE AMOUNT OF BASIC EDUCATION FUNDING 16 PROPOSED IN AN EXECUTIVE BUDGET AND POSTED ON THE DEPARTMENT'S 17 INTERNET WEBSITE. 18 (2) THE DEPARTMENT SHALL REVIEW ALL PLANS AND MAY PROVIDE 19 RECOMMENDATIONS TO SCHOOL DISTRICTS WITHIN FORTY-FIVE (45) DAYS 20 OF RECEIPT OF THE PLAN. 21 (3) WITHIN NINETY (90) DAYS OF RECEIPT OF A PLAN SUBMITTED 22 BY A SCHOOL DISTRICT IDENTIFIED FOR WARNING, IMPROVEMENT OR 23 CORRECTIVE ACTION OR A SCHOOL DISTRICT WITH ONE OR MORE SCHOOLS 24 IDENTIFIED FOR IMPROVEMENT OR CORRECTIVE ACTION, THE DEPARTMENT 25 SHALL APPROVE OR DISAPPROVE THE PLAN. THE DEPARTMENT SHALL 26 PROVIDE A WRITTEN EXPLANATION TO THE BOARD OF SCHOOL DIRECTORS 27 OF ANY SCHOOL DISTRICT WHOSE PLAN IS DISAPPROVED. 28 (4) A SCHOOL DISTRICT WHOSE PLAN HAS BEEN DISAPPROVED SHALL 29 AMEND AND RESUBMIT ITS PLAN AS NECESSARY UNTIL APPROVED BY THE 30 DEPARTMENT. 20070H1067B4199 - 56 -
1 (C) THE DEPARTMENT SHALL APPROVE ANY SCHOOL DISTRICT 2 ACHIEVEMENT PLAN THAT: 3 (1) MEETS THE REQUIREMENTS OF THIS SECTION; 4 (2) ADDRESSES THE ACADEMIC CHALLENGES IDENTIFIED IN THE 5 SCHOOL DISTRICT'S MOST RECENT STUDENT ACHIEVEMENT RESULTS, WITH 6 SPECIFIC FOCUS ON INDIVIDUAL SCHOOLS, GRADE LEVELS AND 7 POPULATIONS OF STUDENTS THAT DEMONSTRATE INADEQUATE LEVELS OF 8 STUDENT ACHIEVEMENT; AND 9 (3) IN THE DETERMINATION OF THE DEPARTMENT, DESCRIBES 10 PROGRAMS AND STRATEGIES THAT ARE MOST LIKELY TO IMPROVE STUDENT 11 ACHIEVEMENT IN THE SCHOOL DISTRICT. 12 (D) FOR ANY SCHOOL DISTRICT WHERE APPROVAL OF A PLAN IS 13 REQUIRED PURSUANT TO SUBSECTION (B), AND NOTWITHSTANDING ANY 14 OTHER PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT SHALL 15 WITHHOLD THE PORTION OF THE INCREASE IN BASIC EDUCATION FUNDING 16 WHICH EXCEEDS THE INDEX UNTIL SUCH A TIME AS A PLAN IS APPROVED. 17 (E) THE DEPARTMENT OF EDUCATION SHALL: 18 (1) PROVIDE TECHNICAL ASSISTANCE TO ANY SCHOOL DISTRICT UPON 19 REQUEST FOR THE DEVELOPMENT OF A PLAN PURSUANT TO THIS SECTION. 20 (2) DETERMINE THE FORM AND MANNER IN WHICH SCHOOL DISTRICTS 21 SHALL SUBMIT A PLAN PURSUANT TO THIS SECTION. 22 (3) REVIEW ALL PLANS SUBMITTED TO THE DEPARTMENT AND APPROVE 23 OR DISAPPROVE PLANS AS REQUIRED PURSUANT TO THIS SECTION. 24 (F) NOTHING IN THIS SECTION SHALL SUPERSEDE OR PREEMPT ANY 25 PROVISIONS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN A SCHOOL 26 ENTITY AND AN EMPLOYE ORGANIZATION IN EFFECT ON THE EFFECTIVE 27 DATE OF THIS SECTION. 28 SECTION 31. SECTIONS 2509.1 AND 2509.5 OF THE ACT ARE 29 AMENDED BY ADDING SUBSECTIONS TO READ: 30 SECTION 2509.1. PAYMENTS TO INTERMEDIATE UNITS.--* * * 20070H1067B4199 - 57 -
1 (B.16) UP TO ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS 2 ($11,500,000) MAY BE UTILIZED FOR PROGRAMS ADMINISTERED AND 3 OPERATED BY INTERMEDIATE UNITS DURING THE 2008-2009 SCHOOL YEAR 4 FOR INSTITUTIONALIZED CHILDREN AS ESTABLISHED IN SUBSECTION 5 (B.1). 6 * * * 7 SECTION 2509.5. SPECIAL EDUCATION PAYMENTS TO SCHOOL 8 DISTRICTS.--* * * 9 (ZZ) (1) DURING THE 2008-2009 SCHOOL YEAR, EACH SCHOOL 10 DISTRICT SHALL BE PAID THE AMOUNT IT RECEIVED DURING THE 2007- 11 2008 SCHOOL YEAR UNDER SUBSECTIONS (VV), (WW), (XX) AND (YY). 12 (2) DURING THE 2008-2009 SCHOOL YEAR, TWENTY-SEVEN MILLION 13 EIGHT HUNDRED FOUR THOUSAND FOURTEEN DOLLARS ($27,804,014) OF 14 THE FUNDS APPROPRIATED TO THE DEPARTMENT OF EDUCATION FOR 15 SPECIAL EDUCATION SHALL BE USED TO PROVIDE SUPPLEMENTAL FUNDING 16 FOR SPECIAL EDUCATION TO ALL SCHOOL DISTRICTS. EACH SCHOOL 17 DISTRICT SHALL RECEIVE A FUNDING SUPPLEMENT CALCULATED AS 18 FOLLOWS: 19 (I) MULTIPLY EACH SCHOOL DISTRICT'S 2008-2009 MARKET 20 VALUE/INCOME AID RATIO BY SIXTEEN PERCENT (16%) OF ITS 2007-2008 21 AVERAGE DAILY MEMBERSHIP; 22 (II) MULTIPLY THE PRODUCT FROM SUBPARAGRAPH (I) BY TWENTY- 23 SIX MILLION SEVEN HUNDRED THOUSAND AND SIX DOLLARS 24 ($26,700,006); AND 25 (III) DIVIDE THE RESULTANT PRODUCT FROM SUBPARAGRAPH (II) BY 26 THE SUM OF THE PRODUCTS OF THE 2008-2009 MARKET VALUE/INCOME AID 27 RATIO MULTIPLIED BY SIXTEEN PERCENT (16%) OF THE 2007-2008 28 AVERAGE DAILY MEMBERSHIP FOR ALL SCHOOL DISTRICTS. 29 (3) EACH SCHOOL DISTRICT SHALL RECEIVE AN INFLATION INDEX 30 SUPPLEMENT AS NECESSARY SO THAT THE AMOUNTS UNDER PARAGRAPH (2) 20070H1067B4199 - 58 -
1 AND THIS PARAGRAPH EQUAL FOUR AND FOUR TENTHS PERCENT (4.4%) 2 MULTIPLIED BY EACH SCHOOL DISTRICT'S 2008-2009 MARKET 3 VALUE/INCOME AID RATIO OF THE AMOUNT IN PARAGRAPH (1). 4 (4) EACH SCHOOL DISTRICT FOR WHICH THE SUM OF THE 5 SUPPLEMENTS UNDER PARAGRAPHS (2) AND (3) PROVIDES AN AMOUNT LESS 6 THAN TWO PERCENT (2%) OF THE AMOUNT PROVIDED UNDER PARAGRAPH (1) 7 SHALL RECEIVE ADDITIONAL FUNDING AS NECESSARY SO THAT THE SUM OF 8 THE AMOUNTS PROVIDED UNDER PARAGRAPHS (2) AND (3) AND THIS 9 PARAGRAPH EQUALS TWO PERCENT (2%) OF THE AMOUNT PROVIDED UNDER 10 PARAGRAPH (1). 11 (5) FOR THE 2008-2009 FISCAL YEAR, IF INSUFFICIENT FUNDS ARE 12 APPROPRIATED TO MAKE COMMONWEALTH PAYMENTS PURSUANT TO 13 PARAGRAPHS (2), (3) AND (4), SUCH PAYMENTS SHALL BE MADE ON A 14 PRO RATA BASIS. THE AMOUNTS PRO RATED SHALL BE THE SUM OF THE 15 PAYMENTS MADE UNDER PARAGRAPHS (2), (3) AND (4). 16 SECTION 32. SECTION 2591.1 OF THE ACT, AMENDED DECEMBER 23, 17 2003 (P.L.304, NO.48) AND JULY 20, 2007 (P.L.278, NO.45), IS 18 AMENDED TO READ: 19 SECTION 2591.1. COMMONWEALTH REIMBURSEMENTS FOR CHARTER 20 SCHOOLS AND CYBER CHARTER SCHOOLS.--(A) FOR THE 2001-2002 21 SCHOOL YEAR, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT 22 WITH RESIDENT STUDENTS ENROLLED IN A CHARTER SCHOOL, A CHARTER 23 SCHOOL APPROVED UNDER SECTION 1717-A OR 1718-A WHICH PROVIDES 24 INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC MEANS OR A 25 CYBER CHARTER SCHOOL AS DEFINED PURSUANT TO ARTICLE XVII-A AN 26 AMOUNT EQUAL TO THIRTY PERCENT (30%) OF THE TOTAL FUNDING 27 REQUIRED UNDER SECTION 1725-A(A). IF INSUFFICIENT FUNDS ARE 28 APPROPRIATED TO MAKE COMMONWEALTH REIMBURSEMENTS UNDER THIS 29 SECTION, THE REIMBURSEMENTS SHALL BE MADE ON A PRO RATA BASIS. 30 (B) FOR THE 2002-2003 SCHOOL YEAR, THE COMMONWEALTH SHALL 20070H1067B4199 - 59 -
1 PAY TO EACH SCHOOL DISTRICT THAT RECEIVED FUNDING UNDER
2 SUBSECTION (A) FOR THE 2001-2002 SCHOOL YEAR AND THAT HAD
3 RESIDENT STUDENTS ENROLLED IN A CHARTER SCHOOL, A CHARTER SCHOOL
4 APPROVED UNDER SECTION 1717-A OR 1718-A WHICH PROVIDES
5 INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC MEANS OR A
6 CYBER CHARTER SCHOOL AS DEFINED UNDER ARTICLE XVII-A DURING THE
7 2002-2003 SCHOOL YEAR AN AMOUNT EQUAL TO THE LESSER OF:
8 (1) THE PAYMENT RECEIVED FOR THE 2001-2002 SCHOOL YEAR
9 PURSUANT TO SUBSECTION (A); OR
10 (2) THIRTY PERCENT (30%) OF THE TOTAL FUNDING REQUIRED UNDER
11 SECTION 1725-A(A).
12 (C) FOR THE 2002-2003 SCHOOL YEAR, THE COMMONWEALTH SHALL
13 PAY TO EACH SCHOOL DISTRICT THAT DID NOT RECEIVE FUNDING UNDER
14 SUBSECTION (A) FOR THE 2001-2002 SCHOOL YEAR AND THAT HAD
15 RESIDENT STUDENTS ENROLLED IN A CHARTER SCHOOL, A CHARTER SCHOOL
16 APPROVED UNDER SECTION 1717-A OR 1718-A WHICH PROVIDES
17 INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC MEANS OR A
18 CYBER CHARTER SCHOOL AS DEFINED UNDER ARTICLE XVII-A DURING THE
19 2002-2003 SCHOOL YEAR AN AMOUNT EQUAL TO THIRTY PERCENT (30%) OF
20 THE TOTAL FUNDING REQUIRED UNDER SECTION 1725-A(A).
21 (C.1) (1) FOR THE 2003-2004 SCHOOL YEAR AND EACH SCHOOL
22 YEAR THEREAFTER, EXCEPT [FOR THE 2006-2007 SCHOOL YEAR] AS
23 PROVIDED UNDER PARAGRAPH (2) OR (3), THE COMMONWEALTH SHALL PAY
24 TO EACH SCHOOL DISTRICT WITH RESIDENT STUDENTS ENROLLED DURING
25 THE IMMEDIATELY PRECEDING SCHOOL YEAR IN A CHARTER SCHOOL, A
26 CHARTER SCHOOL APPROVED UNDER SECTION 1717-A OR 1718-A WHICH
27 PROVIDES INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC
28 MEANS OR A CYBER CHARTER SCHOOL AS DEFINED UNDER ARTICLE XVII-A,
29 AN AMOUNT EQUAL TO THIRTY PERCENT (30%) OF THE TOTAL FUNDING
30 REQUIRED UNDER SECTION 1725-A(A).
20070H1067B4199 - 60 -
1 (2) FOR THE 2006-2007 SCHOOL YEAR, THE PAYMENT REQUIRED 2 UNDER THIS SUBSECTION SHALL BE EQUAL TO THIRTY-TWO AND FORTY- 3 FIVE HUNDREDTHS PERCENT (32.45%) OF THE AMOUNT REQUIRED UNDER 4 SECTION 1725-A(A), WHERE THE SCHOOL DISTRICT HAS: 5 (I) AVERAGE DAILY MEMBERSHIP OF RESIDENT STUDENTS ENROLLED 6 IN A CHARTER SCHOOL, A CHARTER SCHOOL APPROVED UNDER SECTION 7 1717-A OR 1718-A WHICH PROVIDES INSTRUCTION THROUGH THE INTERNET 8 OR OTHER ELECTRONIC MEANS OR A CYBER CHARTER SCHOOL AS DEFINED 9 UNDER ARTICLE XVII-A EQUAL TO OR GREATER THAN TWELVE PERCENT 10 (12%) OF THE SCHOOL DISTRICT'S 2006-2007 AVERAGE DAILY 11 MEMBERSHIP; 12 (II) A 2007-2008 MARKET VALUE/INCOME AID RATIO OF EQUAL TO 13 OR GREATER THAN SIX THOUSAND TEN THOUSANDTHS (.6000); AND 14 (III) MADE PAYMENTS EQUAL TO OR GREATER THAN ONE MILLION 15 DOLLARS ($1,000,000) AS REQUIRED UNDER SECTION 1725-A(A). 16 (3) FOR THE 2007-2008 SCHOOL YEAR AND EACH SCHOOL YEAR 17 THEREAFTER, THE PAYMENT REQUIRED UNDER THIS SUBSECTION SHALL BE 18 EQUAL TO FORTY-ONE AND NINETY-SIX HUNDREDTHS PER CENTUM (41.96%) 19 OF THE AMOUNT REQUIRED UNDER SECTION 1725-A(A), WHERE THE SCHOOL 20 DISTRICT HAS: 21 (I) 2007-2008 AVERAGE DAILY MEMBERSHIP OF RESIDENT STUDENTS 22 ENROLLED IN A CHARTER SCHOOL, A CHARTER SCHOOL APPROVED UNDER 23 SECTION 1717-A OR 1718-A WHICH PROVIDES INSTRUCTION THROUGH THE 24 INTERNET OR OTHER ELECTRONIC MEANS OR A CYBER CHARTER SCHOOL AS 25 DEFINED UNDER ARTICLE XVII-A EQUAL TO OR GREATER THAN TWELVE PER 26 CENTUM (12%) OF THE SCHOOL DISTRICT'S 2007-2008 AVERAGE DAILY 27 MEMBERSHIP; 28 (II) A 2008-2009 MARKET VALUE/INCOME AID RATIO OF EQUAL TO 29 OR GREATER THAN SIX THOUSAND TEN THOUSANDTHS (.6000); AND 30 (III) MADE PAYMENTS EQUAL TO OR GREATER THAN ONE MILLION 20070H1067B4199 - 61 -
1 DOLLARS ($1,000,000) AS REQUIRED UNDER SECTION 1725-A(A).
2 (D) (1) FOR THE FISCAL YEAR 2003-2004 AND EACH FISCAL YEAR
3 THEREAFTER, IF INSUFFICIENT FUNDS ARE APPROPRIATED TO MAKE
4 COMMONWEALTH PAYMENTS PURSUANT TO THIS SECTION, SUCH PAYMENTS
5 SHALL BE MADE ON A PRO RATA BASIS.
6 (2) FOR FISCAL YEAR 2007-2008, WHEN DETERMINING IF
7 SUFFICIENT FUNDS ARE AVAILABLE, THE DEPARTMENT OF EDUCATION
8 SHALL INCLUDE IN THE CALCULATION TWO MILLION DOLLARS
9 ($2,000,000) IN ADDITION TO THE FUNDS APPROPRIATED TO THE
10 DEPARTMENT OF EDUCATION FOR THIS PURPOSE.
11 SECTION 33. SECTION 2599.2(B) AND (F) OF THE ACT, ADDED
12 DECEMBER 23, 2003 (P.L.304, NO.48), ARE AMENDED, SUBSECTION (E)
13 IS AMENDED BY ADDING A PARAGRAPH AND THE SECTION IS AMENDED BY
14 ADDING A SUBSECTION TO READ:
15 SECTION 2599.2. PENNSYLVANIA ACCOUNTABILITY GRANTS.--* * *
16 (B) THE GRANT SHALL BE USED BY A SCHOOL DISTRICT TO ATTAIN
17 OR MAINTAIN ACADEMIC PERFORMANCE TARGETS. FUNDS OBTAINED UNDER
18 THIS SECTION MAY BE USED FOR ANY OF THE FOLLOWING:
19 (1) ESTABLISHING, MAINTAINING OR EXPANDING A QUALITY PRE-
20 KINDERGARTEN PROGRAM ALIGNED WITH THE CURRENT ACADEMIC STANDARDS
21 CONTAINED IN 22 PA. CODE CH. 4 (RELATING TO ACADEMIC STANDARDS
22 AND ASSESSMENT).
23 (2) ESTABLISHING, MAINTAINING OR EXPANDING A QUALITY FULL-
24 DAY KINDERGARTEN PROGRAM ALIGNED WITH THE CURRENT ACADEMIC
25 STANDARDS CONTAINED IN 22 PA. CODE CH. 4. SUCH PROGRAMS SHALL BE
26 KEPT OPEN FOR FIVE HOURS EACH DAY FOR THE FULL SCHOOL TERM AS
27 PROVIDED IN SECTION 1501. THE BOARD OF SCHOOL DIRECTORS OF A
28 SCHOOL DISTRICT MAY OFFER A FULL-DAY KINDERGARTEN PROGRAM TO
29 CHILDREN WHO ARE BETWEEN FOUR AND SIX YEARS OLD.
30 (3) ESTABLISHING, MAINTAINING OR EXPANDING A CLASS SIZE
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1 REDUCTION PROGRAM. SUCH CLASS SIZE REDUCTION PROGRAM SHALL 2 APPOINT AND ASSIGN A MINIMUM OF ONE TEACHER FOR EVERY 17 3 STUDENTS OR TWO TEACHERS FOR EVERY 35 STUDENTS ENROLLED IN A 4 KINDERGARTEN, FIRST, SECOND OR THIRD GRADE CLASSROOM. ALL 5 TEACHERS APPOINTED AND ASSIGNED TO TEACH KINDERGARTEN, FIRST, 6 SECOND OR THIRD GRADE SHALL BE CERTIFIED IN ACCORDANCE WITH 22 7 PA. CODE CH. 49 (RELATING TO CERTIFICATION OF PROFESSIONAL 8 PERSONNEL) OR ITS SUCCESSORS. THE DEPARTMENT SHALL ESTABLISH 9 GUIDELINES TO ASSURE THAT NO SCHOOL DISTRICT SATISFIES THE 10 REQUIREMENTS OF THIS PARAGRAPH BY MAKING A REDUCTION IN, AND 11 SUBSEQUENT INCREASE TO, CURRENT TEACHER COMPLEMENT. FOR PURPOSES 12 OF THIS PARAGRAPH, THE PHRASE "ONE TEACHER FOR EVERY 17 STUDENTS 13 OR TWO TEACHERS FOR EVERY 35 STUDENTS ENROLLED IN A 14 KINDERGARTEN, FIRST, SECOND OR THIRD GRADE CLASSROOM" SHALL 15 REFER TO THE NUMBER OF TEACHERS CONDUCTING A CLASS AT ANY ONE 16 TIME IN A CLASSROOM CONTAINING THE APPLICABLE NUMBER OF 17 STUDENTS. 18 (4) ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS THAT 19 PROMOTE THE AVAILABILITY, COORDINATION, INTEGRATION AND 20 UTILIZATION OF SOCIAL AND HEALTH SERVICES, ASSOCIATED RESOURCES 21 AND ANCILLARY RESOURCES TO MEET THE NEEDS OF CHILDREN AND 22 FAMILIES IN ADDRESSING ISSUES THAT MAY SERVE TO LIMIT STUDENT 23 ACADEMIC ACHIEVEMENT. 24 (5) NOTWITHSTANDING THE PROVISIONS OF ARTICLE XV-C, 25 PROVIDING TUTORING ASSISTANCE DURING THE NORMAL SCHOOL DAY AND 26 HOURS OF THE SCHOOL DISTRICT, PROVIDED THAT THE TUTORING IS IN 27 ADDITION TO AND DOES NOT INTERFERE WITH A STUDENT'S REGULARLY 28 SCHEDULED CLASSROOM INSTRUCTION TIMES AND DOES NOT SUPPLANT 29 SERVICES REQUIRED IN A STUDENT'S INDIVIDUALIZED EDUCATION 30 PROGRAM. 20070H1067B4199 - 63 -
1 (6) IMPROVING THE ACADEMIC PERFORMANCE OF SUBGROUPS
2 IDENTIFIED UNDER SECTION 1111(B) OF THE NO CHILD LEFT BEHIND ACT
3 OF 2001.
4 (7) ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS TO
5 ASSIST IN THE BUILDING OF STRONG SCIENCE AND APPLIED-KNOWLEDGE
6 SKILLS.
7 (8) PROVIDING ADDITIONAL PROGRAMS FOR CONTINUING
8 PROFESSIONAL EDUCATION THAT MAY INCLUDE ANY OF THE FOLLOWING:
9 TRAINING IN MATHEMATICS, SCIENCE AND LITERACY-SPECIFIC
10 CURRICULUM AND INSTRUCTIONAL STRATEGIES; TRAINING IN SCHOOL-WIDE
11 IMPROVEMENT PLANNING; ANALYSIS OF STUDENT ACHIEVEMENT DATA,
12 INCLUDING STUDENT WORK AND THE IMPLICATIONS FOR CLASSROOM
13 PRACTICE; OBSERVING AND STUDYING EXEMPLARY SCHOOL AND CLASSROOM
14 PRACTICES; IMPLEMENTING SCHOOL-WIDE PROGRAMS AND CLASSROOM
15 MANAGEMENT STRATEGIES DESIGNED TO IMPROVE STUDENT CONDUCT; USING
16 TECHNOLOGY TO BOOST STUDENT ACHIEVEMENT; CONDUCTING TRANSITION
17 PLANNING AND CURRICULUM ALIGNMENT ACROSS SCHOOLS AND GRADE
18 LEVELS; OR IMPLEMENTING SECONDARY STRATEGIES TO INCREASE STUDENT
19 ENGAGEMENT AND PERSONALIZE LEARNING.
20 (9) ESTABLISHING, EXPANDING OR MAINTAINING MATH AND LITERACY
21 COACHING PROGRAMS WITHIN SCHOOLS TO IMPROVE MATH AND READING
22 INSTRUCTION.
23 (10) PROVIDING FINANCIAL INCENTIVES TO HIGHLY QUALIFIED,
24 TENURED TEACHERS TO WORK IN THE MOST ACADEMICALLY CHALLENGED
25 SCHOOLS IN A SCHOOL DISTRICT OR PROVIDING FINANCIAL INCENTIVES
26 TO AID IN THE RECRUITMENT OF CERTIFICATED TEACHERS IN
27 MATHEMATICS, SCIENCE, LANGUAGE ARTS OR ENGLISH AS A SECOND
28 LANGUAGE TO WORK IN THE MOST ACADEMICALLY CHALLENGED SCHOOLS IN
29 A SCHOOL DISTRICT.
30 (10.1) ESTABLISHING, EXPANDING OR MAINTAINING A CAREER
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1 AWARENESS PROGRAM. 2 (10.2) PURCHASING MATERIALS OR EXTENDING SERVICE HOURS FOR 3 SCHOOL LIBRARIES. 4 (11) PROVIDING SUCH OTHER PROGRAMS OR ACTIVITIES THAT THE 5 BOARD OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT DETERMINES ARE 6 ESSENTIAL TO ACHIEVING OR MAINTAINING ACADEMIC PERFORMANCE 7 TARGETS THROUGH THE YEAR 2014. 8 (12) ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS FOR 9 INSTRUCTION ON WORLD LANGUAGES IN THE ELEMENTARY GRADES, EITHER 10 IN IMMERSION CLASSROOMS OR AS SEPARATE PERIODS OF INSTRUCTION. 11 (13) ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS TO 12 STRENGTHEN HIGH SCHOOL CURRICULA BY CREATING RIGOROUS COLLEGE 13 AND CAREER PREPARATORY PROGRAMS, INCREASING ACADEMIC 14 ACHIEVEMENT, OFFERING ADDITIONAL ADVANCED PLACEMENT COURSES, 15 PROVIDING SCHOOL-BASED COUNSELING AND PROVIDING PROFESSIONAL 16 DEVELOPMENT. 17 (14) ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS TO 18 PROVIDE INTENSIVE TEACHER TRAINING, PROFESSIONAL DEVELOPMENT 19 OPPORTUNITIES AND TEACHING RESOURCES TO ELEMENTARY LEVEL SCIENCE 20 TEACHERS. 21 * * * 22 (D.4) DURING THE 2008-2009 SCHOOL YEAR, THE DEPARTMENT SHALL 23 PAY TO EACH SCHOOL DISTRICT A PENNSYLVANIA ACCOUNTABILITY GRANT 24 EQUAL TO THE AMOUNT PAID DURING THE 2007-2008 SCHOOL YEAR UNDER 25 SUBSECTIONS (D.2) AND (D.3). 26 (E) * * * 27 (7) FOR THE 2008-2009 FISCAL YEAR, IF INSUFFICIENT FUNDS ARE 28 APPROPRIATED TO MAKE COMMONWEALTH PAYMENTS PURSUANT TO THIS 29 SECTION, SUCH PAYMENTS SHALL BE MADE ON A PRO RATA BASIS. 30 * * * 20070H1067B4199 - 65 -
1 (F) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES 2 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION: 3 "APPLIED KNOWLEDGE." INFORMATION TECHNOLOGY, COMPUTER 4 EQUIPMENT, EDUCATION SOFTWARE AND RELATED ADVANCED TECHNOLOGIES 5 NECESSARY TO INCREASE STUDENTS' ACCESS TO WORLDWIDE INFORMATION 6 AND THEIR EXPERTISE IN THIS REGARD. 7 "CAREER AWARENESS PROGRAM." AN EDUCATIONAL PROGRAM THAT 8 INTRODUCES STUDENTS TO A VARIETY OF CAREER AND VOCATIONAL 9 OPTIONS AND INCLUDES SUCH ACTIVITIES AS JOB SHADOWING, FIELD 10 TRIPS AND TOURS, CAREER DAYS OR THE ADMINISTRATION OF CAREER 11 ASSESSMENT TESTS AND INVENTORIES. 12 "CAREER DAYS." SPECIAL EVENTS THAT ALLOW STUDENTS TO MEET 13 WITH EMPLOYERS, CAREER DEVELOPMENT SPECIALISTS, COMMUNITY-BASED 14 ORGANIZATION REPRESENTATIVES AND POSTSECONDARY EDUCATORS AND ARE 15 DESIGNED TO ENCOURAGE STUDENTS TO GAIN INFORMATION ABOUT CAREERS 16 AND JOB OPPORTUNITIES. 17 "DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE 18 COMMONWEALTH. 19 "GRANT." A PENNSYLVANIA ACCOUNTABILITY GRANT AWARDED UNDER 20 THIS SECTION. 21 "HIGHLY QUALIFIED." A HIGHLY QUALIFIED ELEMENTARY TEACHER OR 22 A HIGHLY QUALIFIED MIDDLE OR SECONDARY TEACHER AS DEFINED IN 22 23 PA. CODE § 403.2 (RELATING TO DEFINITIONS). 24 "JOB SHADOWING." AS PART OF CAREER EXPLORATION ACTIVITIES IN 25 LATE MIDDLE AND EARLY HIGH SCHOOL, ACTIVITY OF A STUDENT 26 FOLLOWING AN EMPLOYE FOR ONE OR MORE DAYS TO LEARN ABOUT A 27 PARTICULAR OCCUPATION OR INDUSTRY, WHICH ACTIVITY IS INTENDED TO 28 HELP STUDENTS EXPLORE A RANGE OF CAREER OBJECTIVES AND POSSIBLY 29 TO SELECT A CAREER PATHWAY. 30 "SCIENCE." A CURRICULAR OFFERING IN SUPPORT OF THE SCIENCE 20070H1067B4199 - 66 -
1 AND TECHNOLOGY CONTENT AREA AS DEFINED IN 22 PA. CODE § 4.12 2 (RELATING TO ACADEMIC STANDARDS). 3 SECTION 34. THIS ACT SHALL APPLY RETROACTIVELY TO JULY 1, 4 2008. 5 SECTION 35. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. D11L24BIL/20070H1067B4199 - 67 -