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
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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
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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
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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
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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.
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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
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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
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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:
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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-
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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).
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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.
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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.
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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.--* * *
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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)
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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).
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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
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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.
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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 * * *
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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
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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.
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