SENATE AMENDED
        PRIOR PRINTER'S NOS. 1304, 1911, 3873         PRINTER'S NO. 4199

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1067 Session of 2007


        INTRODUCED BY MANN, BEYER, BRENNAN AND SAMUELSON, APRIL 18, 2007

        SENATOR ARMSTRONG, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, JULY 4, 2008

                                     AN ACT

     1  Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
     2     act relating to the public school system, including certain
     3     provisions applicable as well to private and parochial
     4     schools; amending, revising, consolidating and changing the
     5     laws relating thereto," further providing for transfer of      <--
     6     records. IN PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR      <--
     7     BACKGROUND CHECKS OF PROSPECTIVE EMPLOYEES AND CONVICTION OF
     8     EMPLOYEES OF CERTAIN OFFENSES AND PROHIBITING CERTAIN
     9     REGULATIONS FOR THE 2008-2009 SCHOOL YEAR; IN SCHOOL
    10     FINANCES, FURTHER PROVIDING FOR ANNUAL BUDGET, ADDITIONAL OR
    11     INCREASED APPROPRIATIONS AND TRANSFER OF FUNDS; IN PUPILS AND
    12     ATTENDANCE, PROVIDING FOR CLASSROOM PLACEMENT OF TWINS AND
    13     HIGHER ORDER MULTIPLES AND PARENTAL DISCRETION; IN SAFE
    14     SCHOOLS, FURTHER PROVIDING FOR OFFICE FOR SAFE SCHOOLS,
    15     PROVIDING FOR POLICY RELATING TO BULLYING, AND FURTHER
    16     PROVIDING FOR TRANSFER OF RECORDS; IN EDUCATIONAL SUPPORT
    17     SERVICES AND EDUCATIONAL ASSISTANCE PROGRAMS, FURTHER
    18     PROVIDING FOR EDUCATIONAL ASSISTANCE PROGRAM; IN EARLY
    19     LEARNING PROGRAMS, FURTHER PROVIDING FOR DEFINITIONS; IN HIGH
    20     SCHOOLS, ESTABLISHING THE VIRTUAL HIGH SCHOOL STUDY
    21     COMMISSION; IN CHARTER SCHOOLS, FURTHER PROVIDING FOR
    22     REQUIREMENTS, FOR TERM AND FORM OF CHARTER, FOR FACILITIES,
    23     FOR ENROLLMENT, FOR TRANSPORTATION AND FOR CAUSES FOR
    24     NONRENEWAL OR TERMINATION; IN EDUCATION EMPOWERMENT, FURTHER
    25     PROVIDING FOR BOARD OF SCHOOL DIRECTORS, FOR EDUCATION
    26     EMPOWERMENT DISTRICTS AND FOR MANDATE WAIVER PROGRAM; IN
    27     COMMUNITY COLLEGES, FURTHER PROVIDING FOR FINANCIAL PROGRAM
    28     AND REIMBURSEMENT OF PAYMENTS; IN DISRUPTIVE STUDENT
    29     PROGRAMS, FURTHER PROVIDING FOR DEFINITIONS AND FOR
    30     APPLICATIONS; IN SYSTEM OF HIGHER EDUCATION, FURTHER
    31     PROVIDING FOR ANNUAL REPORT; IN EDUCATIONAL IMPROVEMENT TAX
    32     CREDIT, FURTHER PROVIDING FOR DEFINITIONS, FOR TAX CREDITS


     1     AND FOR LIMITATIONS AND PROVIDING FOR STATE-RELATED
     2     UNIVERSITY REPORTING; IN SCHOOL DISTRICTS OF THE FIRST CLASS,
     3     FURTHER PROVIDING FOR BOARD OF PUBLIC EDUCATION AND
     4     ADDITIONAL DUTIES; IN FUNDING FOR PUBLIC LIBRARIES, PROVIDING
     5     FOR STATE AID FOR FISCAL YEAR 2008-2009; IN REIMBURSEMENTS BY
     6     COMMONWEALTH AND BETWEEN SCHOOL DISTRICTS, FURTHER PROVIDING
     7     FOR DEFINITIONS AND FOR FUNDING FOR PARTNERSHIP SCHOOLS,
     8     PROVIDING FOR BASIC EDUCATION FUNDING FOR STUDENT ACHIEVEMENT
     9     AND FOR ACCOUNTABILITY TO COMMONWEALTH TAXPAYERS FURTHER
    10     PROVIDING FOR PAYMENTS TO INTERMEDIATE UNITS, FOR SPECIAL
    11     EDUCATION PAYMENTS TO SCHOOL DISTRICTS, FOR COMMONWEALTH
    12     REIMBURSEMENTS FOR CHARTER AND CYBER CHARTER SCHOOLS AND FOR
    13     PENNSYLVANIA ACCOUNTABILITY GRANTS.

    14     The General Assembly of the Commonwealth of Pennsylvania
    15  hereby enacts as follows:
    16     Section 1.  Section 1305-A of the act of March 10, 1949        <--
    17  (P.L.30, No.14), known as the Public School Code of 1949, added
    18  June 30, 1995 (P.L.220, No.26), is amended to read:
    19     Section 1305-A.  Transfer of Records.--Whenever a pupil
    20  transfers to another school entity or nonpublic school, a
    21  certified copy of the student's disciplinary record shall be
    22  transmitted to the school entity or nonpublic school to which
    23  the pupil has transferred. The school entity or nonpublic school
    24  to which the student has transferred should request the record.
    25  The sending school entity or nonpublic school shall have ten
    26  (10) days from receipt of the request to supply a certified copy
    27  of the student's disciplinary record. The requirements of this
    28  section apply as well to transfers between schools within the
    29  same school entity.
    30     Section 2.  Section 1729-A(j) of the act, added June 19, 1997  <--
    31  (P.L.225, No.22), is amended to read:
    32     Section 1729-A.  Causes for Nonrenewal or Termination.--* * *
    33     (j)  When a charter is revoked or is not renewed, a student
    34  who attended the charter school shall apply to another public
    35  school in the student's school district of residence. Normal
    36  application deadlines will be disregarded under these
    20070H1067B4199                  - 2 -     

     1  circumstances. All student records maintained by the charter
     2  school shall be forwarded to the student's district of
     3  residence[.] within ten (10) days of the revocation or
     4  nonrenewal of the charter.
     5     Section 3 2.  This act shall take effect in 60 days.           <--
     6     SECTION 1.  SECTION 111(B) AND (C.1) OF THE ACT OF MARCH 10,   <--
     7  1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,
     8  AMENDED DECEMBER 19, 1990 (P.L.1362, NO.211) AND JULY 20, 2007
     9  (P.L.278, NO.45), ARE AMENDED AND THE SECTION IS AMENDED BY
    10  ADDING A SUBSECTION TO READ:
    11     SECTION 111.  BACKGROUND CHECKS OF PROSPECTIVE EMPLOYES;
    12  CONVICTION OF EMPLOYES OF CERTAIN OFFENSES.--* * *
    13     (B)  ADMINISTRATORS OF PUBLIC AND PRIVATE SCHOOLS,
    14  INTERMEDIATE UNITS AND AREA VOCATIONAL-TECHNICAL SCHOOLS SHALL
    15  REQUIRE PROSPECTIVE EMPLOYES TO SUBMIT WITH THEIR EMPLOYMENT
    16  APPLICATION, PURSUANT TO 18 PA.C.S. CH.91 (RELATING TO CRIMINAL
    17  HISTORY RECORD INFORMATION), A REPORT OF CRIMINAL HISTORY RECORD
    18  INFORMATION FROM THE PENNSYLVANIA STATE POLICE OR A STATEMENT
    19  FROM THE PENNSYLVANIA STATE POLICE THAT THE STATE POLICE CENTRAL
    20  REPOSITORY CONTAINS NO SUCH INFORMATION RELATING TO THAT PERSON.
    21  SUCH REPORT OF CRIMINAL HISTORY RECORD INFORMATION [SHALL BE
    22  LIMITED TO THAT WHICH IS DISSEMINATED PURSUANT TO 18 PA.C.S. §
    23  9121(B)(2) (RELATING TO GENERAL REGULATIONS) AND] SHALL BE NO
    24  MORE THAN ONE (1) YEAR OLD. AN APPLICANT MAY SUBMIT A COPY OF
    25  THE REQUIRED INFORMATION WITH THE APPLICATION FOR EMPLOYMENT.
    26  ADMINISTRATORS SHALL MAINTAIN A COPY OF THE REQUIRED INFORMATION
    27  [AND SHALL REQUIRE EACH APPLICANT TO PRODUCE THE ORIGINAL
    28  DOCUMENT PRIOR TO EMPLOYMENT]. ADMINISTRATORS SHALL REQUIRE
    29  CONTRACTORS TO PRODUCE [THE ORIGINAL DOCUMENT] A REPORT OF
    30  CRIMINAL HISTORY RECORD INFORMATION FOR EACH PROSPECTIVE EMPLOYE
    20070H1067B4199                  - 3 -     

     1  OF SUCH CONTRACTOR PRIOR TO EMPLOYMENT. A COPY OF THE REPORT OF
     2  CRIMINAL HISTORY RECORD INFORMATION FROM THE PENNSYLVANIA STATE
     3  POLICE SHALL BE MADE AVAILABLE TO THE APPLICANT IN A MANNER
     4  PRESCRIBED BY THE DEPARTMENT OF EDUCATION.
     5     (C.1)  BEGINNING APRIL 1, 2007, ADMINISTRATORS SHALL [REQUIRE
     6  THE APPLICANT TO SUBMIT WITH] MAINTAIN ON FILE WITH THE
     7  APPLICATION FOR EMPLOYMENT A COPY OF THE FEDERAL CRIMINAL
     8  HISTORY RECORD IN A MANNER PRESCRIBED BY THE DEPARTMENT OF
     9  EDUCATION. AT A MINIMUM, THE DEPARTMENT OF EDUCATION SHALL
    10  PRESCRIBE A METHOD FOR APPLICANTS TO SUBMIT A SET OF
    11  FINGERPRINTS TO BE TRANSMITTED TO THE FEDERAL BUREAU OF
    12  INVESTIGATION FOR FEDERAL CRIMINAL HISTORY RECORD INFORMATION
    13  PURSUANT TO THE [FEDERAL BUREAU OF INVESTIGATION APPROPRIATION
    14  OF TITLE II OF PUBLIC LAW 92-544, 86 STAT. 1115. WHEN THE
    15  APPLICANT PROVIDES A COPY OF THE] APPLICABLE FEDERAL LAW. THE
    16  FEDERAL CRIMINAL HISTORY RECORD[, IT] INFORMATION REPORT SHALL
    17  BE NO MORE THAN ONE (1) YEAR OLD. ADMINISTRATORS SHALL MAINTAIN
    18  A COPY OF THE REQUIRED INFORMATION AND SHALL REQUIRE EACH
    19  APPLICANT TO [PRODUCE] SECURE A FEDERAL CRIMINAL HISTORY RECORD
    20  INFORMATION REPORT THAT MAY NOT BE MORE THAN ONE (1) YEAR OLD AT
    21  THE TIME OF EMPLOYMENT. [THE ORIGINAL] A COPY OF THE FEDERAL
    22  CRIMINAL HISTORY RECORD [SHALL BE RETURNED TO THE APPLICANT]
    23  INFORMATION REPORT SHALL BE MADE AVAILABLE TO THE APPLICANT IN A
    24  MANNER PRESCRIBED BY THE DEPARTMENT OF EDUCATION.
    25     (C.2)  THE PROVISIONS OF 18 PA.C.S. § 9121(B)(2) (RELATING TO
    26  GENERAL REGULATIONS) SHALL NOT APPLY IF THE REQUEST IS MADE
    27  PURSUANT TO THIS SECTION.
    28     * * *
    29     SECTION 2.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
    30     SECTION 117.  PROHIBITION OF CERTAIN REGULATIONS FOR THE
    20070H1067B4199                  - 4 -     

     1  2008-2009 FISCAL YEAR.--NOTWITHSTANDING ANY PROVISION OF LAW TO
     2  THE CONTRARY, IN THE 2008-2009 FISCAL YEAR, A REGULATION TO
     3  CHANGE OR ESTABLISH HIGH SCHOOL GRADUATION REQUIREMENTS SHALL
     4  NOT BE FURTHER PROMULGATED, APPROVED OR PROPOSED.
     5     SECTION 3.  SECTION 687(J) OF THE ACT, AMENDED JULY 20, 2007
     6  (P.L.278, NO.45), IS AMENDED TO READ:
     7     SECTION 687.  ANNUAL BUDGET; ADDITIONAL OR INCREASED
     8  APPROPRIATIONS; TRANSFER OF FUNDS.--* * *
     9     (J)  NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ACT, THE
    10  BOARD OF SCHOOL DIRECTORS OF EACH SCHOOL DISTRICT MAY REOPEN ITS
    11  2003-2004 BUDGET, ITS 2004-2005 BUDGET, ITS 2005-2006 BUDGET,
    12  ITS 2006-2007 BUDGET [OR], ITS 2007-2008 BUDGET OR ITS 2008-2009
    13  BUDGET TO REFLECT ANY STATE ALLOCATIONS FOR FISCAL YEAR 2003-
    14  2004, FISCAL YEAR 2004-2005, FISCAL YEAR 2005-2006, FISCAL YEAR
    15  2006-2007 [OR], FISCAL YEAR 2007-2008 OR FISCAL YEAR 2008-2009
    16  PROVIDED BY THE GENERAL ASSEMBLY THROUGH THIS ACT.
    17     SECTION 4.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
    18     SECTION 1310.1.  CLASSROOM PLACEMENT OF TWINS OR HIGHER ORDER
    19  MULTIPLES; PARENTAL DISCRETION.--(A)  FOR THE 2008-2009 SCHOOL
    20  YEAR AND EACH SCHOOL YEAR THEREAFTER, A PARENT OR GUARDIAN OF
    21  TWINS OR HIGHER ORDER MULTIPLES IN THE SAME GRADE LEVEL AT THE
    22  SAME SCHOOL MAY REQUEST THAT THEIR CHILDREN BE PLACED IN THE
    23  SAME CLASSROOM OR IN SEPARATE CLASSROOMS. THE SCHOOL MAY
    24  RECOMMEND CLASSROOM PLACEMENT TO THE PARENTS AND PROVIDE
    25  PROFESSIONAL EDUCATION ADVICE TO THE PARENTS TO ASSIST THEM IN
    26  MAKING THE BEST DECISION FOR THEIR CHILDREN'S EDUCATION. EXCEPT
    27  AS PROVIDED IN SUBSECTIONS (B) AND (C), A SCHOOL SHALL PROVIDE
    28  THE CLASSROOM PLACEMENT OF TWINS OR HIGHER ORDER MULTIPLES
    29  REQUESTED BY THE CHILDREN'S PARENT OR GUARDIAN, UNLESS, AFTER
    30  CONSULTATION WITH THE SCHOOL DISTRICT SUPERINTENDENT OR THE
    20070H1067B4199                  - 5 -     

     1  SUPERINTENDENT'S DESIGNEE, THE PRINCIPAL DETERMINES THAT
     2  ALTERNATIVE PLACEMENT IS NECESSARY. THE PARENT OR GUARDIAN MUST
     3  REQUEST THE CLASSROOM PLACEMENT NO LATER THAN TEN (10) DAYS
     4  AFTER THE FIRST DAY OF EACH SCHOOL YEAR OR TEN (10) DAYS AFTER
     5  THE FIRST DAY OF ATTENDANCE OF THE CHILDREN DURING A SCHOOL YEAR
     6  IF THE CHILDREN ARE ENROLLED IN THE SCHOOL AFTER THE SCHOOL YEAR
     7  COMMENCES.
     8     (B)  IF THE PRINCIPAL OF THE SCHOOL, IN CONSULTATION WITH THE
     9  TEACHER OF EACH CLASSROOM IN WHICH THE TWINS OR HIGHER ORDER
    10  MULTIPLES ARE PLACED, DETERMINES THAT THE REQUESTED CLASSROOM
    11  PLACEMENT IS DISRUPTIVE TO THE CLASSROOM, THE PRINCIPAL MAY
    12  DETERMINE THE APPROPRIATE CLASSROOM PLACEMENT FOR THE SIBLINGS.
    13     (C)  A SCHOOL DISTRICT IS NOT REQUIRED TO PLACE TWINS OR
    14  HIGHER ORDER MULTIPLES IN SEPARATE CLASSROOMS IF THE REQUEST
    15  WOULD REQUIRE THE SCHOOL DISTRICT TO ADD AN ADDITIONAL CLASS TO
    16  THE GRADE LEVEL OF THE SIBLINGS.
    17     (D)  A PARENT MAY APPEAL THE PRINCIPAL'S CLASSROOM PLACEMENT
    18  OF TWINS OR HIGHER ORDER MULTIPLES IN THE MANNER PROVIDED BY
    19  SCHOOL DISTRICT POLICY.
    20     (E)  FOR PURPOSES OF THIS SECTION, "HIGHER ORDER MULTIPLES"
    21  MEANS TRIPLETS, QUADRUPLETS, QUINTUPLETS OR LARGER GROUPS OF
    22  SIBLINGS RESULTING FROM THE SAME DELIVERY.
    23     SECTION 5.  SECTION 1302-A(C) OF THE ACT, AMENDED JUNE 26,
    24  1999 (P.L.394, NO.36), IS AMENDED TO READ:
    25     SECTION 1302-A.  OFFICE FOR SAFE SCHOOLS.--* * *
    26     (C)  IN ADDITION TO THE POWERS AND DUTIES SET FORTH UNDER
    27  SUBSECTION (A), THE OFFICE IS AUTHORIZED TO MAKE TARGETED GRANTS
    28  TO SCHOOLS TO FUND PROGRAMS WHICH ADDRESS SCHOOL VIOLENCE,
    29  INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING PROGRAMS:
    30     (1)  CONFLICT RESOLUTION OR DISPUTE MANAGEMENT.
    20070H1067B4199                  - 6 -     

     1     (2)  PEER HELPERS PROGRAMS.
     2     (3)  RISK ASSESSMENT, SAFETY-RELATED OR VIOLENCE PREVENTION
     3  CURRICULA.
     4     (4)  CLASSROOM MANAGEMENT.
     5     (5)  STUDENT CODES OF CONDUCT.
     6     (6)  TRAINING TO UNDERTAKE A DISTRICTWIDE ASSESSMENT OF RISK
     7  FACTORS THAT INCREASE THE LIKELIHOOD OF PROBLEM BEHAVIORS AMONG
     8  STUDENTS.
     9     (7)  DEVELOPMENT AND IMPLEMENTATION OF RESEARCH-BASED
    10  VIOLENCE PREVENTION PROGRAMS THAT ADDRESS RISK FACTORS TO REDUCE
    11  INCIDENTS OF PROBLEM BEHAVIORS AMONG STUDENTS INCLUDING, BUT NOT
    12  LIMITED TO, BULLYING.
    13     (8)  COMPREHENSIVE, DISTRICTWIDE SCHOOL SAFETY AND VIOLENCE
    14  PREVENTION PLANS.
    15     (9)  SECURITY PLANNING, PURCHASE OF SECURITY-RELATED
    16  TECHNOLOGY WHICH MAY INCLUDE METAL DETECTORS, PROTECTIVE
    17  LIGHTING, SURVEILLANCE EQUIPMENT, SPECIAL EMERGENCY
    18  COMMUNICATIONS EQUIPMENT, ELECTRONIC LOCKSETS, DEADBOLTS AND
    19  THEFT CONTROL DEVICES AND TRAINING IN THE USE OF SECURITY-
    20  RELATED TECHNOLOGY. SECURITY PLANNING AND PURCHASE OF SECURITY-
    21  RELATED TECHNOLOGY SHALL BE BASED ON SAFETY NEEDS IDENTIFIED BY
    22  THE SCHOOL ENTITY'S BOARD OF DIRECTORS.
    23     (10)  INSTITUTION OF STUDENT, STAFF AND VISITOR
    24  IDENTIFICATION SYSTEMS.
    25     (11)  ESTABLISHMENT OR ENHANCEMENT OF SCHOOL SECURITY
    26  PERSONNEL, INCLUDING SCHOOL RESOURCE OFFICERS.
    27     (12)  PROVISION OF SPECIALIZED STAFF AND STUDENT TRAINING
    28  PROGRAMS, INCLUDING TRAINING FOR STUDENT ASSISTANCE PROGRAM TEAM
    29  MEMBERS IN ELEMENTARY, MIDDLE AND HIGH SCHOOLS IN THE REFERRAL
    30  OF STUDENTS AT RISK OF VIOLENT BEHAVIOR TO APPROPRIATE
    20070H1067B4199                  - 7 -     

     1  COMMUNITY-BASED SERVICES, INCLUDING MENTAL HEALTH SERVICES.
     2     (13)  ALTERNATIVE EDUCATION PROGRAMS PROVIDED FOR IN ARTICLE
     3  XIX-C.
     4     (14)  COUNSELING SERVICES FOR STUDENTS ENROLLED IN
     5  ALTERNATIVE EDUCATION PROGRAMS.
     6     * * *
     7     SECTION 6.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
     8     SECTION 1303.1-A.  POLICY RELATING TO BULLYING.--(A)  NO
     9  LATER THAN JANUARY 1, 2009, EACH SCHOOL ENTITY SHALL ADOPT A
    10  POLICY OR AMEND ITS EXISTING POLICY RELATING TO BULLYING AND
    11  INCORPORATE THE POLICY INTO THE SCHOOL ENTITY'S CODE OF STUDENT
    12  CONDUCT REQUIRED UNDER 22 PA. CODE § 12.3(C) (RELATING TO SCHOOL
    13  RULES). THE POLICY SHALL DELINEATE DISCIPLINARY CONSEQUENCES FOR
    14  BULLYING AND MAY PROVIDE FOR PREVENTION, INTERVENTION AND
    15  EDUCATION PROGRAMS, PROVIDED THAT NO SCHOOL ENTITY SHALL BE
    16  REQUIRED TO ESTABLISH A NEW POLICY UNDER THIS SECTION IF ONE
    17  CURRENTLY EXISTS AND REASONABLY FULFILLS THE REQUIREMENTS OF
    18  THIS SECTION. THE POLICY SHALL IDENTIFY THE APPROPRIATE SCHOOL
    19  STAFF PERSON TO RECEIVE REPORTS OF INCIDENTS OF ALLEGED
    20  BULLYING.
    21     (B)  EACH SCHOOL ENTITY SHALL MAKE THE POLICY AVAILABLE ON
    22  ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE, IF AVAILABLE, AND IN
    23  EVERY CLASSROOM. EACH SCHOOL ENTITY SHALL POST THE POLICY AT A
    24  PROMINENT LOCATION WITHIN EACH SCHOOL BUILDING WHERE SUCH
    25  NOTICES ARE USUALLY POSTED. EACH SCHOOL ENTITY SHALL ENSURE THAT
    26  THE POLICY AND PROCEDURES FOR REPORTING BULLYING INCIDENTS ARE
    27  REVIEWED WITH STUDENTS WITHIN NINETY (90) DAYS AFTER THEIR
    28  ADOPTION AND THEREAFTER AT LEAST ONCE EACH SCHOOL YEAR.
    29     (C)  EACH SCHOOL ENTITY SHALL REVIEW ITS POLICY EVERY THREE
    30  (3) YEARS AND ANNUALLY PROVIDE THE OFFICE WITH A COPY OF ITS
    20070H1067B4199                  - 8 -     

     1  POLICY RELATING TO BULLYING, INCLUDING INFORMATION RELATED TO
     2  THE DEVELOPMENT AND IMPLEMENTATION OF ANY BULLYING PREVENTION,
     3  INTERVENTION AND EDUCATION PROGRAMS. THE INFORMATION REQUIRED
     4  UNDER THIS SUBSECTION SHALL BE ATTACHED TO OR MADE PART OF THE
     5  ANNUAL REPORT REQUIRED UNDER SECTION 1303-A(B).
     6     (D)  IN ITS POLICY RELATING TO BULLYING ADOPTED OR MAINTAINED
     7  UNDER SUBSECTION (A), A SCHOOL ENTITY SHALL NOT BE PROHIBITED
     8  FROM DEFINING BULLYING IN SUCH A WAY AS TO ENCOMPASS ACTS THAT
     9  OCCUR OUTSIDE A SCHOOL SETTING IF THOSE ACTS MEET THE
    10  REQUIREMENTS CONTAINED IN SUBSECTION (E)(1), (3) AND (4). IF A
    11  SCHOOL ENTITY REPORTS ACTS OF BULLYING TO THE OFFICE IN
    12  ACCORDANCE WITH SECTION 1303-A(B), IT SHALL REPORT ALL INCIDENTS
    13  THAT QUALIFY AS BULLYING UNDER THE ENTITY'S ADOPTED DEFINITION
    14  OF THAT TERM.
    15     (E)  FOR PURPOSES OF THIS ARTICLE, "BULLYING" SHALL MEAN AN
    16  INTENTIONAL ELECTRONIC, WRITTEN, VERBAL OR PHYSICAL ACT, OR A
    17  SERIES OF ACTS:
    18     (1)  DIRECTED AT ANOTHER STUDENT OR STUDENTS;
    19     (2)  WHICH OCCURS IN A SCHOOL SETTING;
    20     (3)  THAT IS SEVERE, PERSISTENT OR PERVASIVE; AND
    21     (4)  THAT HAS THE EFFECT OF DOING ANY OF THE FOLLOWING:
    22     (I)  SUBSTANTIALLY INTERFERING WITH A STUDENT'S EDUCATION;
    23     (II)  CREATING A THREATENING ENVIRONMENT; OR
    24     (III)  SUBSTANTIALLY DISRUPTING THE ORDERLY OPERATION OF THE
    25  SCHOOL; AND
    26     "SCHOOL SETTING" SHALL MEAN IN THE SCHOOL, ON SCHOOL GROUNDS,
    27  IN SCHOOL VEHICLES, AT A DESIGNATED BUS STOP OR AT ANY ACTIVITY
    28  SPONSORED, SUPERVISED OR SANCTIONED BY THE SCHOOL.
    29     SECTION 6.1.  SECTION 1305-A OF THE ACT, ADDED JUNE 30, 1995
    30  (P.L.220, NO.26), IS AMENDED TO READ:
    20070H1067B4199                  - 9 -     

     1     SECTION 1305-A.  TRANSFER OF RECORDS.--WHENEVER A PUPIL
     2  TRANSFERS TO ANOTHER SCHOOL ENTITY OR NONPUBLIC SCHOOL, A
     3  CERTIFIED COPY OF THE STUDENT'S DISCIPLINARY RECORD SHALL BE
     4  TRANSMITTED TO THE SCHOOL ENTITY OR NONPUBLIC SCHOOL TO WHICH
     5  THE PUPIL HAS TRANSFERRED. THE SCHOOL ENTITY OR NONPUBLIC SCHOOL
     6  TO WHICH THE STUDENT HAS TRANSFERRED SHOULD REQUEST THE RECORD.
     7  THE SENDING SCHOOL ENTITY OR NONPUBLIC SCHOOL SHALL HAVE TEN
     8  (10) DAYS FROM RECEIPT OF THE REQUEST TO SUPPLY A CERTIFIED COPY
     9  OF THE STUDENT'S DISCIPLINARY RECORD. THE REQUIREMENTS OF THIS
    10  SECTION APPLY AS WELL TO TRANSFERS BETWEEN SCHOOLS WITHIN THE
    11  SAME SCHOOL ENTITY.
    12     SECTION 7.  SECTION 1512-C(G) OF THE ACT, AMENDED JULY 20,
    13  2007 (P.L.278, NO.45), IS AMENDED AND THE SECTION IS AMENDED BY
    14  ADDING A SUBSECTION TO READ:
    15  SECTION 1512-C.  EDUCATIONAL ASSISTANCE PROGRAM.
    16     * * *
    17     (G)  EDUCATIONAL ASSISTANCE FUNDING.--
    18         (1)  DURING THE 2003-2004, 2004-2005, 2005-2006, 2006-
    19     2007 [AND], 2007-2008 AND 2008-2009 SCHOOL YEARS, THE
    20     DEPARTMENT SHALL PROVIDE EACH ELIGIBLE SCHOOL ENTITY WITH
    21     EDUCATIONAL ASSISTANCE FUNDING CALCULATED BY:
    22             (I)  DIVIDING THE NUMBER OF PENNSYLVANIA SYSTEM OF
    23         SCHOOL ASSESSMENT TESTS ADMINISTERED IN THE ELIGIBLE
    24         SCHOOL ENTITY ON WHICH STUDENTS SCORED BELOW PROFICIENT
    25         IN READING OR MATHEMATICS BY THE TOTAL NUMBER OF
    26         PENNSYLVANIA SYSTEM OF SCHOOL ASSESSMENT TESTS
    27         ADMINISTERED IN THE ELIGIBLE SCHOOL ENTITY IN READING AND
    28         MATHEMATICS DURING THE 2002-2003 SCHOOL YEAR.
    29             (II)  MULTIPLYING THE QUOTIENT FROM SUBPARAGRAPH (I)
    30         BY THE AVERAGE DAILY MEMBERSHIP OF THE ELIGIBLE SCHOOL
    20070H1067B4199                 - 10 -     

     1         ENTITY DURING THE 2002-2003 SCHOOL YEAR.
     2             (III)  MULTIPLYING THE PRODUCT FROM SUBPARAGRAPH (II)
     3         BY THE DOLLAR VALUE OF FUNDS APPROPRIATED TO THE
     4         DEPARTMENT OF EDUCATION FOR THE EDUCATIONAL ASSISTANCE
     5         PROGRAM IN THE 2004-2005 FISCAL YEAR.
     6             (IV)  DIVIDING THE PRODUCT FROM SUBPARAGRAPH (III) BY
     7         THE SUM OF THE PRODUCTS OF SUBPARAGRAPH (II) FOR ALL
     8         ELIGIBLE SCHOOL ENTITIES THAT QUALIFY FOR GRANT FUNDS
     9         UNDER THIS PARAGRAPH.
    10         (1.1)  DURING THE 2005-2006, 2006-2007 [AND], 2007-2008
    11     AND 2008-2009 SCHOOL YEARS, THE DEPARTMENT SHALL PROVIDE EACH
    12     SCHOOL ENTITY WITH AT LEAST ONE SCHOOL THAT HAS FAILED TO
    13     ACHIEVE ITS 2005 MATHEMATICS PROFICIENCY TARGET OR ITS 2005
    14     READING PROFICIENCY TARGET WITH EDUCATIONAL ASSISTANCE
    15     FUNDING FOR THE SUPPORT OF TUTORING SERVICES TO ELIGIBLE
    16     STUDENTS ENROLLED IN SEVENTH THROUGH TWELFTH GRADES. SUCH
    17     FUNDING SHALL BE CALCULATED AS FOLLOWS:
    18             (I)  DIVIDING THE NUMBER OF PENNSYLVANIA SYSTEM OF
    19         SCHOOL ASSESSMENT TESTS ADMINISTERED IN THE ELIGIBLE
    20         SCHOOL ENTITY TO ELEVENTH GRADE STUDENTS ON WHICH SUCH
    21         STUDENTS SCORED BELOW THE 2005 READING OR MATHEMATICS
    22         PROFICIENCY TARGET BY THE TOTAL NUMBER OF PENNSYLVANIA
    23         SYSTEM OF SCHOOL ASSESSMENT TESTS ADMINISTERED IN THE
    24         ELIGIBLE SCHOOL ENTITY TO ELEVENTH GRADE STUDENTS IN
    25         READING AND MATHEMATICS DURING THE 2003-2004 SCHOOL YEAR.
    26             (II)  MULTIPLYING THE QUOTIENT FROM SUBPARAGRAPH (I)
    27         BY THE AVERAGE DAILY MEMBERSHIP OF THE ELIGIBLE SCHOOL
    28         ENTITY DURING THE 2004-2005 SCHOOL YEAR.
    29             (III)  MULTIPLYING THE PRODUCT FROM SUBPARAGRAPH (II)
    30         BY THE DIFFERENCE BETWEEN THE DOLLAR VALUE OF FUNDS
    20070H1067B4199                 - 11 -     

     1         APPROPRIATED TO THE DEPARTMENT FOR THE EDUCATIONAL
     2         ASSISTANCE PROGRAM IN THE 2004-2005 FISCAL YEAR AND THE
     3         DOLLAR VALUE OF FUNDS APPROPRIATED TO THE DEPARTMENT FOR
     4         THE EDUCATIONAL ASSISTANCE PROGRAM IN THE 2007-2008
     5         FISCAL YEAR.
     6             (IV)  DIVIDING THE PRODUCT FROM SUBPARAGRAPH (III) BY
     7         THE SUM OF THE PRODUCTS OF SUBPARAGRAPH (II) FOR ALL
     8         ELIGIBLE SCHOOL ENTITIES THAT QUALIFY FOR GRANT FUNDS
     9         UNDER THIS PARAGRAPH.
    10         (2)  THE AMOUNT OF EDUCATIONAL ASSISTANCE FUNDING
    11     PROVIDED UNDER THIS ARTICLE SHALL BE LIMITED TO FUNDS
    12     APPROPRIATED FOR THIS PURPOSE.
    13     * * *
    14     (J)  PRO RATA DISTRIBUTION.--FOR THE 2008-2009 FISCAL YEAR,
    15  IF INSUFFICIENT FUNDS ARE APPROPRIATED TO MAKE COMMONWEALTH
    16  PAYMENTS PURSUANT TO THIS SECTION, SUCH PAYMENTS SHALL BE MADE
    17  ON A PRO RATA BASIS.
    18     SECTION 8.  THE DEFINITION OF "ELIGIBLE PROVIDER" IN SECTION
    19  1511-D OF THE ACT, ADDED JULY 20, 2007 (P.L.278, NO.45), IS
    20  AMENDED TO READ:
    21  SECTION 1511-D.  DEFINITIONS.
    22     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBARTICLE
    23  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    24  CONTEXT CLEARLY INDICATES OTHERWISE:
    25     * * *
    26     "ELIGIBLE PROVIDER."  ANY OF THE FOLLOWING ENTITIES IF THE
    27  ENTITY COMPLIES WITH ALL QUALITY PROGRAM STANDARDS ESTABLISHED
    28  BY THE DEPARTMENT OF EDUCATION:
    29         (1)  A SCHOOL DISTRICT.
    30         (2)  A HEAD START PROGRAM.
    20070H1067B4199                 - 12 -     

     1         (3)  A NURSERY SCHOOL LICENSED UNDER THE ACT OF JANUARY
     2     28, 1988 (P.L.24, NO.11), KNOWN AS THE PRIVATE ACADEMIC
     3     SCHOOLS ACT.
     4         (4)  [A] ONE OF THE FOLLOWING:
     5             (I)  PRIOR TO JULY 1, 2009, A CHILD DAY CARE CENTER
     6         OR A GROUP DAY CARE HOME THAT HAS MET OR EXCEEDED THE
     7         STANDARDS OF STAR 2 UNDER THE KEYSTONE STARS QUALITY
     8         RATING SYSTEM ESTABLISHED BY THE DEPARTMENT OF PUBLIC
     9         WELFARE.
    10             (II)  AFTER JUNE 30, 2009, A CHILD DAY CARE CENTER OR
    11         A GROUP DAY CARE HOME THAT HAS MET OR EXCEEDED THE
    12         STANDARDS OF STAR 3 UNDER THE KEYSTONE STARS QUALITY
    13         RATING SYSTEM ESTABLISHED BY THE DEPARTMENT OF PUBLIC
    14         WELFARE. ANY APPROVED PROVIDER UNDER THIS SUBPARAGRAPH
    15         WHICH HAS APPLIED FOR A STAR 3 RATING AND WHICH
    16         APPLICATION HAS NOT BEEN APPROVED OR REJECTED BY THE
    17         DEPARTMENT AS OF JUNE 30, 2009, SHALL REMAIN ELIGIBLE FOR
    18         THE PROGRAM UNTIL SUCH APPLICATION IS REJECTED.
    19     * * *
    20     SECTION 9.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
    21     SECTION 1615.  VIRTUAL HIGH SCHOOL STUDY COMMISSION.--(A)
    22  THE VIRTUAL HIGH SCHOOL STUDY COMMISSION IS ESTABLISHED WITHIN
    23  THE DEPARTMENT OF EDUCATION TO EXAMINE THE FEASIBILITY AND COSTS
    24  ASSOCIATED WITH CREATING A STATE-OPERATED, INTERNET-BASED HIGH
    25  SCHOOL, TO BE KNOWN AS THE PENNSYLVANIA VIRTUAL HIGH SCHOOL,
    26  WHICH WOULD PROVIDE SECONDARY STUDENTS THROUGHOUT THIS
    27  COMMONWEALTH WITH ACCESS TO A WIDE RANGE OF LEARNING SERVICES TO
    28  INCLUDE, AT A MINIMUM:
    29     (1)  EXPANDED CURRICULAR OFFERINGS SUCH AS HIGHER LEVEL
    30  MATHEMATICS AND SCIENCE COURSES, FOREIGN LANGUAGE COURSES AND
    20070H1067B4199                 - 13 -     

     1  ADVANCED PLACEMENT COURSES.
     2     (2)  INCREASED OPTIONS FOR CONCURRENT ENROLLMENT IN HIGHER
     3  EDUCATION.
     4     (3)  SCHOLASTIC APTITUDE TESTING PREPARATION PROGRAMS.
     5     (4)  SUMMER ENRICHMENT AND TUTORING COURSES.
     6     (5)  INCREASED INSTRUCTIONAL OPTIONS FOR AT-RISK STUDENTS,
     7  HOME-BOUND AND ALTERNATIVE EDUCATION STUDENTS.
     8     (6)  EXPANDED OFFERINGS FOR GIFTED AND TALENTED STUDENTS.
     9     (7)  ESTABLISHMENT OF LINKAGES BETWEEN STUDENTS AND
    10  PROSPECTIVE EMPLOYERS INCLUDING THOSE OFFERING HIGH SCHOOL
    11  INTERNSHIPS AND APPRENTICESHIPS.
    12     (8)  ESTABLISHMENT OF PROGRAMS OR SERVICES TO OFFER STUDENTS
    13  AT RISK OF DROPPING OUT OR WHO HAVE DROPPED OUT AN OPPORTUNITY
    14  TO OBTAIN A HIGH SCHOOL DIPLOMA.
    15     (B)  THE VIRTUAL HIGH SCHOOL STUDY COMMISSION SHALL CONSIST
    16  OF THE FOLLOWING MEMBERS:
    17     (1)  THE MAJORITY CHAIRMAN AND THE MINORITY CHAIRMAN OF THE
    18  EDUCATION COMMITTEE OF THE SENATE AND THE MAJORITY CHAIRMAN AND
    19  THE MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE HOUSE OF
    20  REPRESENTATIVES.
    21     (2)  TWO MEMBERS OF THE SENATE, ONE EACH TO BE CHOSEN BY THE
    22  PRESIDENT PRO TEMPORE AND MINORITY LEADER OF THE SENATE.
    23     (3)  TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES, ONE EACH TO
    24  BE CHOSEN BY THE MAJORITY LEADER AND MINORITY LEADER OF THE
    25  HOUSE OF REPRESENTATIVES.
    26     (4)  THE SECRETARY OF EDUCATION OR A DESIGNEE.
    27     (5)  THE CHAIRMAN OF THE STATE BOARD OF EDUCATION OR A
    28  DESIGNEE WHO IS A MEMBER OF THE STATE BOARD OF EDUCATION.
    29     (6)  THE CHANCELLOR OF THE STATE SYSTEM OF HIGHER EDUCATION
    30  OR A DESIGNEE.
    20070H1067B4199                 - 14 -     

     1     (7)  THE PRESIDENTS OF EACH OF THE COMMONWEALTH'S FOUR STATE-
     2  RELATED UNIVERSITIES OR THEIR DESIGNEES.
     3     (8)  THE PRESIDENT OF THE PENNSYLVANIA COMMISSION FOR
     4  COMMUNITY COLLEGES OR A DESIGNEE.
     5     (9)  THE PRESIDENT OF THE ASSOCIATION OF INDEPENDENT COLLEGES
     6  AND UNIVERSITIES OF PENNSYLVANIA OR A DESIGNEE.
     7     (10)  THE PRESIDENT OF THE PENNSYLVANIA ASSOCIATION OF SCHOOL
     8  ADMINISTRATORS OR A DESIGNEE.
     9     (11)  THE PRESIDENT OF THE PENNSYLVANIA ASSOCIATION OF
    10  ELEMENTARY AND SECONDARY SCHOOL PRINCIPALS OR A DESIGNEE.
    11     (12)  THE PRESIDENT OF THE PENNSYLVANIA ASSOCIATION OF
    12  INTERMEDIATE UNITS OR A DESIGNEE.
    13     (13)  THE PRESIDENT OF THE PENNSYLVANIA ASSOCIATION OF RURAL
    14  AND SMALL SCHOOLS OR A DESIGNEE.
    15     (14)  THE PRESIDENT OF THE PENNSYLVANIA LEAGUE OF URBAN
    16  SCHOOLS OR A DESIGNEE.
    17     (15)  THE PRESIDENT OF THE PENNSYLVANIA FEDERATION OF
    18  TEACHERS OR A DESIGNEE.
    19     (16)  THE PRESIDENT OF THE PENNSYLVANIA STATE EDUCATION
    20  ASSOCIATION OR A DESIGNEE.
    21     (17) THE PRESIDENT OF THE PENNSYLVANIA SCHOOL BOARDS
    22  ASSOCIATION OR A DESIGNEE.
    23     (18)  THE PRESIDENT OF THE PENNSYLVANIA PARENT TEACHER
    24  ASSOCIATION OR A DESIGNEE.
    25     (19)  THE PRESIDENT OF THE PENNSYLVANIA CHAMBER OF BUSINESS
    26  AND INDUSTRY OR A DESIGNEE.
    27     (20)  TWO REPRESENTATIVES OF PENNSYLVANIA'S BROADBAND CABLE
    28  INDUSTRY; ONE EACH TO BE SELECTED BY THE PRESIDENT PRO TEMPORE
    29  OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
    30     (21)  TWO CHIEF EXECUTIVE OFFICERS OF CYBER CHARTER SCHOOLS
    20070H1067B4199                 - 15 -     

     1  APPROVED PURSUANT TO SUBDIVISION (C) OF ARTICLE XVII-A, SELECTED
     2  BY THE PENNSYLVANIA COALITION OF CHARTER SCHOOLS FROM AMONG
     3  CYBER CHARTER SCHOOLS APPROVED PURSUANT TO SUBDIVISION (C) OF
     4  ARTICLE XVII-A.
     5  MEMBERS OF THE COMMISSION SHALL BE APPOINTED WITHIN FORTY-FIVE
     6  (45) DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
     7     (C)  ANY VACANCY ON THE VIRTUAL HIGH SCHOOL STUDY COMMISSION
     8  SHALL BE FILLED BY THE ORIGINAL APPOINTING OFFICER OR AGENCY.
     9     (D)  THE VIRTUAL HIGH SCHOOL STUDY COMMISSION SHALL SELECT A
    10  CHAIRMAN AND VICE CHAIRMAN FROM AMONG ITS MEMBERSHIP AT AN
    11  ORGANIZATIONAL MEETING. THE ORGANIZATIONAL MEETING SHALL TAKE
    12  PLACE NO LATER THAN NINETY (90) DAYS FOLLOWING THE EFFECTIVE
    13  DATE OF THIS SECTION.
    14     (E)  THE VIRTUAL HIGH SCHOOL STUDY COMMISSION SHALL HOLD
    15  MEETINGS AT THE CALL OF THE CHAIRMAN. THE COMMISSION MAY ALSO
    16  HOLD PUBLIC HEARINGS ON THE MATTERS TO BE CONSIDERED BY THE
    17  COMMISSION AT LOCATIONS THROUGHOUT THIS COMMONWEALTH. ALL
    18  MEETINGS AND PUBLIC HEARINGS OF THE COMMISSION SHALL BE DEEMED
    19  PUBLIC MEETINGS FOR THE PURPOSE OF 65 PA.C.S. CH. 7 (RELATING TO
    20  OPEN MEETINGS).
    21     (F)  SIXTEEN (16) MEMBERS OF THE VIRTUAL HIGH SCHOOL STUDY
    22  COMMISSION SHALL CONSTITUTE A QUORUM AT ANY MEETING. EACH MEMBER
    23  OF THE COMMISSION MAY DESIGNATE ANOTHER PERSON TO REPRESENT THAT
    24  MEMBER AT MEETINGS OF THE COMMISSION.
    25     (G)  VIRTUAL HIGH SCHOOL STUDY COMMISSION MEMBERS SHALL
    26  RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE
    27  REIMBURSED FOR ALL NECESSARY TRAVEL AND OTHER REASONABLE
    28  EXPENSES INCURRED IN CONNECTION WITH THE PERFORMANCE OF THEIR
    29  DUTIES AS MEMBERS.
    30     (H)  (1)  THE VIRTUAL HIGH SCHOOL STUDY COMMISSION MAY EMPLOY
    20070H1067B4199                 - 16 -     

     1  TECHNICAL AND CLERICAL STAFF AS IT DEEMS NECESSARY TO CARRY OUT
     2  ITS RESPONSIBILITIES UNDER THIS SECTION.
     3     (2)  THE DEPARTMENT OF EDUCATION SHALL PROVIDE ADMINISTRATIVE
     4  SUPPORT, OFFICE SPACE AND ANY OTHER ASSISTANCE REQUIRED BY THE
     5  COMMISSION TO CARRY OUT ITS DUTIES UNDER THIS ACT.
     6     (3)  WHENEVER POSSIBLE, THE COMMISSION SHALL UTILIZE THE
     7  SERVICES AND EXPERTISE OF EXISTING PERSONNEL AND STAFF OF STATE
     8  GOVERNMENT AND TO THIS END THE GOVERNOR, THE PRESIDENT PRO
     9  TEMPORE OF THE SENATE AND MINORITY LEADER OF THE SENATE AND THE
    10  SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE MINORITY LEADER
    11  OF THE HOUSE OF REPRESENTATIVES SHALL MAKE SUCH PERSONNEL AND
    12  STAFF AVAILABLE TO THE COMMISSION TO THE FULLEST EXTENT
    13  COMMENSURATE WITH THE PERFORMANCE OF THEIR OTHER DUTIES.
    14     (I)  THE VIRTUAL HIGH SCHOOL STUDY COMMISSION SHALL HAVE THE
    15  FOLLOWING POWERS AND DUTIES:
    16     (1)  MEETING WITH ALL SEGMENTS OF THE BASIC AND HIGHER
    17  EDUCATION COMMUNITIES, REPRESENTATIVES OF THE STATE'S BUSINESS
    18  AND LABOR COMMUNITIES AND INTERNET SERVICE PROVIDERS OPERATING
    19  WITHIN THIS COMMONWEALTH TO DISCUSS THEIR POTENTIAL INVOLVEMENT
    20  IN THE OPERATION OF A STATE VIRTUAL HIGH SCHOOL PROGRAM.
    21     (2)  MEETING WITH CURRENT OPERATORS OF INTERNET-BASED
    22  EDUCATIONAL PROGRAMS OPERATING WITHIN THIS COMMONWEALTH
    23  INCLUDING THOSE OPERATED BY SCHOOL DISTRICTS, INTERMEDIATE UNITS
    24  AND BLENDED SCHOOL PROGRAMS.
    25     (3)  REVIEWING STATE-OPERATED VIRTUAL HIGH SCHOOL PROGRAMS
    26  ALREADY IN OPERATION THROUGHOUT THE UNITED STATES.
    27     (4)  EVALUATING AND MAKING RECOMMENDATIONS ON THE FOLLOWING:
    28     (I)  AN AGENCY OR INSTITUTION TO BE RESPONSIBLE FOR
    29  ADMINISTRATION OF THE SCHOOL AND OVERSIGHT OF DAY-TO-DAY
    30  OPERATIONS.
    20070H1067B4199                 - 17 -     

     1     (II)  COURSES TO BE OFFERED, INCLUDING HOW THEY WILL BE
     2  DETERMINED AND ASSESSED.
     3     (III)  FACULTY, INCLUDING SALARIES, CERTIFICATION, TRAINING,
     4  PROFESSIONAL DEVELOPMENT AND EVALUATION.
     5     (IV)  POLICIES FOR AWARDING OF CREDITS.
     6     (V)  ASSURING MAXIMUM ACCESSIBILITY TO HIGH SCHOOL STUDENTS
     7  IN ALL GEOGRAPHIC LOCATIONS.
     8     (VI)  STUDENT ENROLLMENT, VERIFICATION OF ATTENDANCE AND
     9  PERFORMANCE ASSESSMENT.
    10     (VII)  PROGRAM ACCOUNTABILITY.
    11     (VIII)  METHODS FOR FUNDING, INCLUDING COST ESTIMATES.
    12     (IX)  INTERNET FILTERING, BLOCKING AND OTHER SECURITY ISSUES.
    13     (X)  INTELLECTUAL PROPERTY ISSUES SUCH AS PATENTS, COPYRIGHTS
    14  AND TRADEMARKS.
    15     (XI)  ADAPTATION AND ACCESSIBILITY FOR STUDENTS WITH
    16  DISABILITIES.
    17     (XII)  SUCH OTHER ISSUES AS IT DEEMS APPROPRIATE.
    18     (J)  THE VIRTUAL HIGH SCHOOL STUDY COMMISSION SHALL ISSUE A
    19  REPORT OF ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR, THE
    20  PRESIDENT PRO TEMPORE OF THE SENATE AND MINORITY LEADER OF THE
    21  SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE
    22  MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, THE MAJORITY
    23  CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF THE
    24  SENATE AND THE MAJORITY CHAIRMAN AND MINORITY CHAIRMAN OF THE
    25  EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES NO LATER
    26  THAN DECEMBER 31, 2009.
    27     SECTION 10.  SECTION 1715-A OF THE ACT IS AMENDED BY ADDING A
    28  CLAUSE TO READ:
    29     SECTION 1715-A.  CHARTER SCHOOL REQUIREMENTS.--CHARTER
    30  SCHOOLS SHALL BE REQUIRED TO COMPLY WITH THE FOLLOWING
    20070H1067B4199                 - 18 -     

     1  PROVISIONS:
     2     * * *
     3     (12)  A PERSON WHO SERVES AS AN ADMINISTRATOR FOR A CHARTER
     4  SCHOOL SHALL NOT RECEIVE COMPENSATION FROM ANOTHER CHARTER
     5  SCHOOL OR FROM A COMPANY THAT PROVIDES MANAGEMENT OR OTHER
     6  SERVICES TO ANOTHER CHARTER SCHOOL. THE TERM "ADMINISTRATOR"
     7  SHALL INCLUDE THE CHIEF EXECUTIVE OFFICER OF A CHARTER SCHOOL
     8  AND ALL OTHER EMPLOYES OF A CHARTER SCHOOL WHO BY VIRTUE OF
     9  THEIR POSITIONS EXERCISE MANAGEMENT OR OPERATIONAL OVERSIGHT
    10  RESPONSIBILITIES. A PERSON WHO SERVES AS AN ADMINISTRATOR FOR A
    11  CHARTER SCHOOL SHALL BE A PUBLIC OFFICIAL UNDER 65 PA.C.S. CH.
    12  11 (RELATING TO ETHICS STANDARDS AND FINANCIAL DISCLOSURE). A
    13  VIOLATION OF THIS CLAUSE SHALL CONSTITUTE A VIOLATION OF 65
    14  PA.C.S. § 1103(A) (RELATING TO RESTRICTED ACTIVITIES), AND THE
    15  VIOLATOR SHALL BE SUBJECT TO THE PENALTIES IMPOSED UNDER THE
    16  JURISDICTION OF THE STATE ETHICS COMMISSION.
    17     SECTION 11.  SECTION 1720-A OF THE ACT, ADDED JUNE 19, 1997
    18  (P.L.225, NO.22), IS AMENDED TO READ:
    19     SECTION 1720-A.  TERM AND FORM OF CHARTER.--(A)  UPON
    20  APPROVAL OF A CHARTER APPLICATION UNDER SECTION 1717-A, A
    21  WRITTEN CHARTER SHALL BE DEVELOPED WHICH SHALL CONTAIN THE
    22  PROVISIONS OF THE CHARTER APPLICATION AND WHICH SHALL BE SIGNED
    23  BY THE LOCAL BOARD OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT, BY
    24  THE LOCAL BOARDS OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT IN THE
    25  CASE OF A REGIONAL CHARTER SCHOOL OR BY THE CHAIRMAN OF THE
    26  APPEAL BOARD PURSUANT TO SECTION 1717-A(I)(5) AND THE BOARD OF
    27  TRUSTEES OF THE CHARTER SCHOOL. THIS WRITTEN CHARTER, WHEN DULY
    28  SIGNED BY THE LOCAL BOARD OF SCHOOL DIRECTORS OF A SCHOOL
    29  DISTRICT, OR BY THE LOCAL BOARDS OF SCHOOL DIRECTORS OF A SCHOOL
    30  DISTRICT IN THE CASE OF A REGIONAL CHARTER SCHOOL, AND THE
    20070H1067B4199                 - 19 -     

     1  CHARTER SCHOOL'S BOARD OF TRUSTEES, SHALL ACT AS LEGAL
     2  AUTHORIZATION FOR THE ESTABLISHMENT OF A CHARTER SCHOOL. THIS
     3  WRITTEN CHARTER SHALL BE LEGALLY BINDING ON BOTH THE LOCAL BOARD
     4  OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT AND THE CHARTER
     5  SCHOOL'S BOARD OF TRUSTEES. [THE] EXCEPT AS OTHERWISE PROVIDED
     6  IN SUBSECTION (B), THE CHARTER SHALL BE FOR A PERIOD OF NO LESS
     7  THAN THREE (3) NOR MORE THAN FIVE (5) YEARS AND MAY BE RENEWED
     8  FOR FIVE (5) YEAR PERIODS UPON REAUTHORIZATION BY THE LOCAL
     9  BOARD OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT OR THE APPEAL
    10  BOARD. A CHARTER WILL BE GRANTED ONLY FOR A SCHOOL ORGANIZED AS
    11  A PUBLIC, NONPROFIT CORPORATION.
    12     (B)  (1)  NOTWITHSTANDING SUBSECTION (A), A GOVERNING BOARD
    13  OF A SCHOOL DISTRICT OF THE FIRST CLASS MAY RENEW A CHARTER FOR
    14  A PERIOD OF ONE (1) YEAR IF THE BOARD OF SCHOOL DIRECTORS
    15  DETERMINES THAT THERE IS INSUFFICIENT DATA CONCERNING THE
    16  CHARTER SCHOOL'S ACADEMIC PERFORMANCE TO ADEQUATELY ASSESS THAT
    17  PERFORMANCE AND DETERMINES THAT AN ADDITIONAL YEAR OF
    18  PERFORMANCE DATA WOULD YIELD SUFFICIENT DATA TO ASSIST THE
    19  GOVERNING BOARD IN ITS DECISION WHETHER TO RENEW THE CHARTER FOR
    20  A PERIOD OF FIVE (5) YEARS.
    21     (2)  A ONE-YEAR RENEWAL PURSUANT TO PARAGRAPH (1) SHALL NOT
    22  BE CONSIDERED AN ADJUDICATION AND MAY NOT BE APPEALED TO THE
    23  STATE CHARTER SCHOOL APPEAL BOARD.
    24     (3)  A GOVERNING BOARD OF A SCHOOL DISTRICT OF THE FIRST
    25  CLASS DOES NOT HAVE THE AUTHORITY TO RENEW A CHARTER FOR
    26  SUCCESSIVE ONE (1) YEAR PERIODS.
    27     SECTION 12.  SECTIONS 1722-A AND 1723-A OF THE ACT ARE
    28  AMENDED BY ADDING SUBSECTIONS TO READ:
    29     SECTION 1722-A.  FACILITIES.--* * *
    30     (D)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A
    20070H1067B4199                 - 20 -     

     1  SCHOOL DISTRICT OF THE FIRST CLASS MAY, IN ITS DISCRETION,
     2  PERMIT A CHARTER SCHOOL TO OPERATE ITS SCHOOL AT MORE THAN ONE
     3  LOCATION.
     4     SECTION 1723-A.  ENROLLMENT.--* * *
     5     (D)  (1)  ENROLLMENT OF STUDENTS IN A CHARTER SCHOOL OR CYBER
     6  CHARTER SCHOOL SHALL NOT BE SUBJECT TO A CAP OR OTHERWISE
     7  LIMITED BY ANY PAST OR FUTURE ACTION OF A BOARD OF SCHOOL
     8  DIRECTORS, A BOARD OF CONTROL ESTABLISHED UNDER ARTICLE XVII-B,
     9  A SPECIAL BOARD OF CONTROL ESTABLISHED UNDER SECTION 692 OR ANY
    10  OTHER GOVERNING AUTHORITY, UNLESS AGREED TO BY THE CHARTER
    11  SCHOOL OR CYBER CHARTER SCHOOL AS PART OF A WRITTEN CHARTER
    12  PURSUANT TO SECTION 1720-A.
    13     (2)  THE PROVISIONS OF THIS SUBSECTION SHALL APPLY TO A
    14  CHARTER SCHOOL OR CYBER CHARTER SCHOOL REGARDLESS OF WHETHER THE
    15  CHARTER WAS APPROVED PRIOR TO OR IS APPROVED SUBSEQUENT TO THE
    16  EFFECTIVE DATE OF THIS SUBSECTION.
    17     SECTION 13.  SECTION 1726-A(A) OF THE ACT, AMENDED JULY 11,
    18  2006 (P.L.1092, NO.114), IS AMENDED TO READ:
    19     SECTION 1726-A.  TRANSPORTATION.--(A)  STUDENTS WHO ATTEND A
    20  CHARTER SCHOOL LOCATED IN THEIR SCHOOL DISTRICT OF RESIDENCE, A
    21  REGIONAL CHARTER SCHOOL OF WHICH THE SCHOOL DISTRICT IS A PART
    22  OR A CHARTER SCHOOL LOCATED OUTSIDE DISTRICT BOUNDARIES AT A
    23  DISTANCE NOT EXCEEDING TEN (10) MILES BY THE NEAREST PUBLIC
    24  HIGHWAY SHALL BE PROVIDED FREE TRANSPORTATION TO THE CHARTER
    25  SCHOOL BY THEIR SCHOOL DISTRICT OF RESIDENCE ON SUCH DATES AND
    26  PERIODS THAT THE CHARTER SCHOOL IS IN REGULAR SESSION WHETHER OR
    27  NOT TRANSPORTATION IS PROVIDED ON SUCH DATES AND PERIODS TO
    28  STUDENTS ATTENDING SCHOOLS OF THE DISTRICT. TRANSPORTATION IS
    29  NOT REQUIRED FOR ELEMENTARY STUDENTS, INCLUDING KINDERGARTEN
    30  STUDENTS, RESIDING WITHIN ONE AND ONE-HALF (1.5) MILES OR FOR
    20070H1067B4199                 - 21 -     

     1  SECONDARY STUDENTS RESIDING WITHIN TWO (2) MILES OF THE NEAREST
     2  PUBLIC HIGHWAY FROM THE CHARTER SCHOOL IN WHICH THE STUDENTS ARE
     3  ENROLLED UNLESS THE ROAD OR TRAFFIC CONDITIONS ARE SUCH THAT
     4  WALKING CONSTITUTES A HAZARD TO THE SAFETY OF THE STUDENTS WHEN
     5  SO CERTIFIED BY THE DEPARTMENT OF TRANSPORTATION, EXCEPT THAT IF
     6  THE SCHOOL DISTRICT PROVIDES TRANSPORTATION TO THE PUBLIC
     7  SCHOOLS OF THE SCHOOL DISTRICT FOR ELEMENTARY STUDENTS,
     8  INCLUDING KINDERGARTEN STUDENTS, RESIDING WITHIN ONE AND ONE-
     9  HALF (1.5) MILES OR FOR SECONDARY STUDENTS RESIDING WITHIN TWO
    10  (2) MILES OF THE NEAREST PUBLIC HIGHWAY UNDER NONHAZARDOUS
    11  CONDITIONS, TRANSPORTATION SHALL ALSO BE PROVIDED TO CHARTER
    12  SCHOOLS UNDER THE SAME CONDITIONS. DISTRICTS PROVIDING
    13  TRANSPORTATION TO A CHARTER SCHOOL OUTSIDE THE DISTRICT AND, FOR
    14  THE 2007-2008 SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER,
    15  DISTRICTS PROVIDING TRANSPORTATION TO A CHARTER SCHOOL WITHIN
    16  THE DISTRICT, SHALL BE ELIGIBLE FOR PAYMENTS UNDER SECTION
    17  2509.3 FOR EACH PUBLIC SCHOOL STUDENT TRANSPORTED.
    18     * * *
    19     SECTION 14.  SECTION 1729-A OF THE ACT IS AMENDED BY ADDING A
    20  SUBSECTION TO READ:
    21     SECTION 1729-A.  CAUSES FOR NONRENEWAL OR TERMINATION.--* * *
    22     (A.1)  WHEN A CHARTER SCHOOL LOCATED IN A SCHOOL DISTRICT OF
    23  THE FIRST CLASS IS IN CORRECTIVE ACTION STATUS AND SEEKS RENEWAL
    24  OF ITS CHARTER, IF THE GOVERNING BODY OF THE SCHOOL DISTRICT OF
    25  THE FIRST CLASS RENEWS THE CHARTER, IT MAY PLACE SPECIFIC
    26  CONDITIONS IN THE CHARTER THAT REQUIRE THE CHARTER SCHOOL TO
    27  MEET SPECIFIC STUDENT PERFORMANCE TARGETS WITHIN STATED PERIODS
    28  OF TIME SUBJECT TO THE FOLLOWING:
    29     (I)  THE PERFORMANCE TARGETS AND THE PERIODS OF TIME IN WHICH
    30  THE PERFORMANCE TARGETS MUST BE MET SHALL BE REASONABLE.
    20070H1067B4199                 - 22 -     

     1     (II)  THE PLACEMENT OF CONDITIONS IN A CHARTER AS SPECIFIED
     2  IN THIS SUBSECTION SHALL NOT BE CONSIDERED AN ADJUDICATION AND
     3  MAY NOT BE APPEALED TO THE STATE CHARTER SCHOOL APPEAL BOARD.
     4     (III)  IF THE CHARTER SCHOOL FAILS TO MEET THE PERFORMANCE
     5  TARGETS WITHIN THE STATED PERIOD OF TIME, SUCH FAILURE SHALL BE
     6  SUFFICIENT CAUSE FOR REVOCATION OF THE CHARTER.
     7     * * *
     8     SECTION 15.  SECTION 1704-B(C) OF THE ACT, ADDED JULY 11,
     9  2006 (P.L.1092, NO.114), IS AMENDED BY ADDING A PARAGRAPH TO
    10  READ:
    11     SECTION 1704-B.  BOARD OF SCHOOL DIRECTORS.--* * *
    12     (C)  * * *
    13     (4.1)  IN ADDITION TO POWERS ENUMERATED IN THIS ACT, A SCHOOL
    14  DISTRICT DESIGNATED AS A COMMONWEALTH PARTNERSHIP SCHOOL
    15  DISTRICT MAY DISPOSE OF UNUSED AND UNNECESSARY LANDS AND
    16  BUILDINGS, IF SUCH BUILDINGS ARE IN EXCESS OF TWENTY-FIVE (25)
    17  YEARS OF AGE, IN THE FOLLOWING MANNER NOTWITHSTANDING THE
    18  PROVISIONS OF SECTION 707 OF THIS ACT:
    19     (I)  BY NEGOTIATED SALE, PROVIDED THE DISTRICT HAS AN
    20  AFFIDAVIT OF AT LEAST THREE (3) PERSONS WHO ARE FAMILIAR WITH
    21  THE VALUE OF REAL ESTATE IN THE LOCALITY IN WHICH THE LANDS AND
    22  BUILDINGS PROPOSED TO BE SOLD ARE LOCATED, WHO HAVE EXAMINED THE
    23  PROPERTY AND SET FORTH A VALUE FOR THE PROPERTY AND WHO OPINE
    24  THAT THE CONSIDERATION FOR THE PROPERTY IS EQUAL TO OR BETTER
    25  THAN THAT WHICH COULD BE RECEIVED BY SEALED BID. THE SALE PRICE
    26  SHALL NOT BE LESS THAN THE HIGHEST VALUE SET FORTH IN THE THREE
    27  (3) AFFIDAVITS.
    28     (II)  BY ENTERING INTO AGREEMENTS WITH AN URBAN REDEVELOPMENT
    29  AUTHORITY ORGANIZED UNDER THE ACT OF MAY 24, 1945 (P.L.991,
    30  NO.385), KNOWN AS THE URBAN REDEVELOPMENT LAW, UNDER WHICH THE
    20070H1067B4199                 - 23 -     

     1  DISTRICT MAY CONVEY PROPERTY TO THE AUTHORITY FOR THE PURPOSE OF
     2  THE AUTHORITY FACILITATING THE CONVEYANCE OF THE PROPERTY
     3  CONSISTENT WITH THE GOALS OF THE SCHOOL DISTRICT AND THE
     4  AUTHORITY.
     5     * * *
     6     SECTION 16.  SECTION 1705-B(H) OF THE ACT, AMENDED JULY 11,
     7  2006 (P.L.1092, NO.114) AND JULY 20, 2007 (P.L.278, NO.45), IS
     8  AMENDED TO READ:
     9     SECTION 1705-B.  EDUCATION EMPOWERMENT DISTRICTS.--* * *
    10     (H)  (1)  A SCHOOL DISTRICT UNDER A DECLARATION OF DISTRESS
    11  PURSUANT TO SECTION 691(A) AND CERTIFIED AS AN EDUCATION
    12  EMPOWERMENT DISTRICT SHALL BE OPERATED BY A SPECIAL BOARD OF
    13  CONTROL ESTABLISHED UNDER SECTION 692. A BOARD OF CONTROL
    14  ESTABLISHED UNDER THIS SECTION SHALL BE ABOLISHED UPON THE
    15  APPOINTMENT OF A SPECIAL BOARD OF CONTROL UNDER SECTION 692.
    16     (2)  FOR A SCHOOL DISTRICT UNDER A DECLARATION OF DISTRESS
    17  PURSUANT TO SECTION 691(A) AND CERTIFIED AS AN EDUCATION
    18  EMPOWERMENT DISTRICT, THE SPECIAL BOARD OF CONTROL ESTABLISHED
    19  UNDER SECTION 692 SHALL HAVE THE POWERS AND DUTIES OF A SPECIAL
    20  BOARD OF CONTROL UNDER SECTION 692 AND THE POWERS AND DUTIES
    21  CONTAINED IN SECTION 1706-B.
    22     (3)  FOR A SCHOOL DISTRICT WITH A HISTORY OF LOW TEST
    23  PERFORMANCE THAT IS CERTIFIED AS DISTRESSED FOR A MINIMUM PERIOD
    24  OF TWO (2) YEARS UNDER SECTIONS 691 AND 692, THE DEPARTMENT
    25  SHALL WAIVE THE INCLUSION OF THE SCHOOL DISTRICT ON THE
    26  EDUCATION EMPOWERMENT LIST UNDER SECTION 1703-B(A) AND
    27  IMMEDIATELY CERTIFY THE SCHOOL DISTRICT AS AN EDUCATION
    28  EMPOWERMENT DISTRICT.
    29     (4)  THE DEPARTMENT MAY UTILIZE UP TO $4,500,000 OF
    30  UNDISTRIBUTED FUNDS NOT EXPENDED, ENCUMBERED OR COMMITTED FROM
    20070H1067B4199                 - 24 -     

     1  APPROPRIATIONS FOR GRANTS AND SUBSIDIES MADE TO THE DEPARTMENT
     2  TO ASSIST SCHOOL DISTRICTS CERTIFIED AS AN EDUCATION EMPOWERMENT
     3  DISTRICT UNDER PARAGRAPH (3). THERE IS HEREBY ESTABLISHED A
     4  RESTRICTED ACCOUNT FROM WHICH PAYMENTS UNDER THIS PARAGRAPH
     5  SHALL BE PAID. FUNDS SHALL BE TRANSFERRED BY THE SECRETARY OF
     6  THE BUDGET TO THE RESTRICTED ACCOUNT TO THE EXTENT NECESSARY TO
     7  MAKE PAYMENTS UNDER THIS PARAGRAPH. FUNDS IN THE RESTRICTED
     8  ACCOUNT ARE HEREBY APPROPRIATED TO CARRY OUT THE PURPOSES OF
     9  THIS PARAGRAPH. THE SUBSIDY PAYMENT FROM THIS ACCOUNT SHALL BE
    10  UTILIZED TO SUPPLEMENT THE OPERATIONAL BUDGET OF THE ELIGIBLE
    11  SCHOOL DISTRICTS. THIS PARAGRAPH SHALL APPLY TO FISCAL YEARS
    12  2000-2001, 2001-2002, 2002-2003, 2003-2004, 2004-2005, 2005-
    13  2006, 2006-2007 [AND], 2007-2008 AND 2008-2009 AND SHALL EXPIRE
    14  JUNE 30, [2008] 2009.
    15     SECTION 17.  SECTION 1714-B OF THE ACT IS AMENDED BY ADDING A
    16  SUBSECTION TO READ:
    17     SECTION 1714-B.  MANDATE WAIVER PROGRAM.--* * *
    18     (G.1)  (1)  THE DEPARTMENT OF EDUCATION SHALL ESTABLISH A
    19  TASK FORCE TO INVESTIGATE THE IMPACT ON TAXPAYERS OF MANDATE
    20  WAIVERS GRANTED FOR SECTIONS 751 AND 751.1.
    21     (2)  THE TASK FORCE SHALL COLLECT, EXAMINE AND ANALYZE DATA
    22  FROM COMPLETED SCHOOL CONSTRUCTION PROJECTS FINANCED WITH STATE
    23  FUNDS.
    24     (3)  THE TASK FORCE SHALL BE MADE UP OF THE FOLLOWING
    25  MEMBERS:
    26     (I)  THE CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION
    27  COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY CHAIRMAN
    28  OF THE EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR A
    29  MEMBER OF THE RESPECTIVE COMMITTEES DESIGNATED BY THE CHAIRMAN.
    30     (II)  THE CHAIRMAN AND MINORITY CHAIRMAN OF THE LABOR AND
    20070H1067B4199                 - 25 -     

     1  INDUSTRY COMMITTEE OF THE SENATE AND THE CHAIRMAN AND MINORITY
     2  CHAIRMAN OF THE LABOR RELATIONS COMMITTEE OF THE HOUSE OF
     3  REPRESENTATIVES OR A MEMBER OF THE RESPECTIVE COMMITTEES
     4  DESIGNATED BY THE CHAIRMAN.
     5     (III)  THE SECRETARY OF EDUCATION OR A DESIGNEE, WHO SHALL
     6  SERVE AS THE CHAIRMAN OF THE TASK FORCE.
     7     (IV)  THE SECRETARY OF THE BUDGET OR A DESIGNEE.
     8     (V)  THE SECRETARY OF LABOR AND INDUSTRY OR A DESIGNEE.
     9     (4)  THE TASK FORCE SHALL PRESENT ITS REPORT, INCLUDING ANY
    10  LEGISLATIVE RECOMMENDATIONS, TO THE GENERAL ASSEMBLY AND THE
    11  GOVERNOR WITHIN SIX (6) MONTHS OF THE EFFECTIVE DATE OF THIS
    12  SECTION.
    13     * * *
    14     SECTION 18.  SECTION 1913-A(B)(1.6) AND (1.7) OF THE ACT,
    15  ADDED JULY 13, 2005 (P.L.226, NO.46), ARE AMENDED TO READ:
    16     SECTION 1913-A.  FINANCIAL PROGRAM; REIMBURSEMENT OF
    17  PAYMENTS.--* * *
    18     (B)  * * *
    19     (1.6)  FOR THE 2006-2007 FISCAL YEAR AND EACH FISCAL YEAR
    20  THEREAFTER, THE PAYMENT FOR A COMMUNITY COLLEGE SHALL CONSIST OF
    21  THE FOLLOWING:
    22     (I)  EACH COMMUNITY COLLEGE SHALL RECEIVE AN AMOUNT EQUAL TO
    23  THE REIMBURSEMENT FOR OPERATING COSTS, BASE SUPPLEMENT AND
    24  GROWTH SUPPLEMENT AMOUNTS IT RECEIVED IN THE IMMEDIATELY
    25  PRECEDING FISCAL YEAR.
    26     (II)  EACH COMMUNITY COLLEGE SHALL RECEIVE AN ECONOMIC
    27  DEVELOPMENT STIPEND AS CALCULATED UNDER CLAUSE (1.7). THE AMOUNT
    28  AVAILABLE FOR ECONOMIC DEVELOPMENT STIPENDS SHALL INCREASE EACH
    29  YEAR BY THE PERCENT INCREASE IN THE STATE APPROPRIATION FOR
    30  PAYMENT OF APPROVED OPERATING EXPENSES OF COMMUNITY COLLEGES AND
    20070H1067B4199                 - 26 -     

     1  MAY INCLUDE ANY OTHER PRIVATE OR PUBLIC FUNDS APPROPRIATED OR
     2  OTHERWISE MADE AVAILABLE TO THE DEPARTMENT OF EDUCATION FOR THAT
     3  PURPOSE.
     4     (III)  EACH COMMUNITY COLLEGE SHALL RECEIVE A BASE SUPPLEMENT
     5  DETERMINED BY:
     6     (A)  SUBTRACTING THE TOTAL AMOUNT OF FUNDS DETERMINED UNDER
     7  SUBCLAUSES (I) AND (II) FROM THE STATE APPROPRIATION FOR PAYMENT
     8  OF APPROVED OPERATING EXPENSES OF COMMUNITY COLLEGES;
     9     (B)  DIVIDING THE PAYMENT UNDER SUBCLAUSE (I) BY THE SUM OF
    10  THE AMOUNTS DETERMINED FOR ALL COMMUNITY COLLEGES UNDER
    11  SUBCLAUSE (I); AND
    12     (C)  MULTIPLYING THE QUOTIENT FROM PARAGRAPH (B) BY AN AMOUNT
    13  EQUAL TO SEVENTY-FIVE PERCENT (75%) OF THE AMOUNT DETERMINED
    14  UNDER PARAGRAPH (A).
    15     (IV)  EACH COMMUNITY COLLEGE WITH AN EQUIVALENT FULL-TIME
    16  ENROLLMENT IN CREDIT, NONCREDIT AND WORKFORCE DEVELOPMENT
    17  COURSES FOR THE YEAR PRIOR TO THE IMMEDIATELY PRECEDING YEAR
    18  GREATER THAN ITS EQUIVALENT FULL-TIME ENROLLMENT IN CREDIT,
    19  NONCREDIT AND WORKFORCE DEVELOPMENT COURSES FOR THE SECOND YEAR
    20  PRIOR TO THE IMMEDIATELY PRECEDING YEAR SHALL RECEIVE A GROWTH
    21  SUPPLEMENT AMOUNT DETERMINED BY:
    22     (A)  SUBTRACTING ITS EQUIVALENT FULL-TIME ENROLLMENT IN
    23  CREDIT, NONCREDIT AND WORKFORCE DEVELOPMENT COURSES FOR THE
    24  SECOND YEAR PRIOR TO THE IMMEDIATELY PRECEDING YEAR FROM ITS
    25  EQUIVALENT FULL-TIME ENROLLMENT IN CREDIT, NONCREDIT AND
    26  WORKFORCE DEVELOPMENT COURSES FOR THE YEAR PRIOR TO THE
    27  IMMEDIATELY PRECEDING YEAR;
    28     (B)  DIVIDING THE DIFFERENCE FROM PARAGRAPH (A) BY THE SUM OF
    29  THE DIFFERENCES FROM PARAGRAPH (A) FOR ALL COMMUNITY COLLEGES;
    30  AND
    20070H1067B4199                 - 27 -     

     1     (C)  MULTIPLYING THE AMOUNT FROM PARAGRAPH (B) BY AN AMOUNT
     2  EQUAL TO TWENTY-FIVE PERCENT (25%) OF THE AMOUNT DETERMINED
     3  UNDER SUBCLAUSE (III)(A).
     4  SECONDARY SENIOR HIGH SCHOOL STUDENTS ENROLLED IN CREDIT-
     5  BEARING, NONREMEDIAL COLLEGE COURSES SHALL BE INCLUDED IN THE
     6  CALCULATION UNDER PARAGRAPH (A). CALCULATIONS UNDER THIS
     7  SUBCLAUSE SHALL BE BASED UPON THE AUDITED FINANCIAL STATEMENTS
     8  SUBMITTED BY A COMMUNITY COLLEGE PURSUANT TO SUBSECTION (K.1).
     9     (1.7)  THE PAYMENT FOR A COMMUNITY COLLEGE SHALL INCLUDE AN
    10  ECONOMIC DEVELOPMENT STIPEND WHICH SHALL CONSIST OF THE
    11  FOLLOWING:
    12     (I)  FOR THE 2005-2006 FISCAL YEAR, EACH COMMUNITY COLLEGE
    13  SHALL RECEIVE AN AMOUNT EQUAL TO THE REIMBURSEMENT FOR THE 2004-
    14  2005 FISCAL YEAR AS DETERMINED UNDER CLAUSE (1.4)(III) AND UNDER
    15  SECTION 1501 OF THE ACT OF DECEMBER 18, 2001 (P.L.949, NO.114),
    16  KNOWN AS THE "WORKFORCE DEVELOPMENT ACT." THIS AMOUNT SHALL BE
    17  DETERMINED BASED UPON THE MIDYEAR REBUDGET SUBMITTED BY A
    18  COMMUNITY COLLEGE IN FEBRUARY 2005.
    19     (II)  FOR THE 2006-2007 FISCAL YEAR AND EACH FISCAL YEAR
    20  THEREAFTER, EACH COMMUNITY COLLEGE SHALL RECEIVE, SUBJECT TO THE
    21  PROVISIONS OF SUBCLAUSE (III), AN AMOUNT DETERMINED BY:
    22     (A)  ADDING THE FOLLOWING:
    23     (I)  THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS ENROLLED IN
    24  HIGH-PRIORITY AND HIGH-INSTRUCTIONAL-COST OCCUPATION PROGRAMS AT
    25  THE COMMUNITY COLLEGE MULTIPLIED BY 1.50;
    26     (II)  THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS ENROLLED IN
    27  HIGH-PRIORITY OCCUPATION PROGRAMS AT THE COMMUNITY COLLEGE
    28  MULTIPLIED BY 1.25; AND
    29     (III)  THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS ENROLLED
    30  IN NONCREDIT WORKFORCE DEVELOPMENT COURSES AT THE COMMUNITY
    20070H1067B4199                 - 28 -     

     1  COLLEGE.
     2     (B)  DIVIDING THE TOTAL FROM PARAGRAPH (A) BY THE SUM OF THE
     3  TOTALS FROM PARAGRAPH (A) FOR ALL COMMUNITY COLLEGES.
     4     (C)  MULTIPLYING THE AMOUNT FROM PARAGRAPH (B) BY THE AMOUNT
     5  ALLOCATED FOR THE ECONOMIC DEVELOPMENT STIPEND PURSUANT TO
     6  CLAUSE (1.6)(II).
     7  [THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS SHALL BE DETERMINED
     8  BASED UPON THE FINAL MIDYEAR REBUDGET SUBMITTED BY A COMMUNITY
     9  COLLEGE FOR THE PRIOR FISCAL YEAR. SUCH REBUDGET SHALL BE
    10  SUBMITTED, AS REQUIRED BY THE DEPARTMENT OF EDUCATION, NO LATER
    11  THAN MAY 31, 2006, AND MAY 31 OF EACH YEAR THEREAFTER.]
    12     (D)  APPLYING THE FOLLOWING:
    13     (I)  FOR THE 2006-2007 FISCAL YEAR, FOR THE FIRST, SECOND AND
    14  THIRD QUARTER PAYMENTS MADE IN THE 2007-2008 FISCAL YEAR, AND
    15  FOR THE FIRST AND SECOND QUARTER PAYMENTS MADE IN THE 2008-2009
    16  FISCAL YEAR AND EACH FISCAL YEAR THEREAFTER, THE NUMBER OF FULL-
    17  TIME EQUIVALENT STUDENTS SHALL BE DETERMINED BASED UPON THE
    18  FINAL MIDYEAR REBUDGET SUBMITTED BY A COMMUNITY COLLEGE FOR THE
    19  PRIOR FISCAL YEAR. SUCH REBUDGET SHALL BE SUBMITTED, AS REQUIRED
    20  BY THE DEPARTMENT OF EDUCATION, NO LATER THAN MAY 31, 2006, AND
    21  MAY 31 OF EACH YEAR THEREAFTER.
    22     (II)  FOR THE 2007-2008 FISCAL YEAR, THE DEPARTMENT OF
    23  EDUCATION SHALL PROVIDE THE FOURTH QUARTER PAYMENT TO EACH
    24  COMMUNITY COLLEGE UNDER THIS SUBCLAUSE BASED UPON THE NUMBER OF
    25  FULL-TIME EQUIVALENT STUDENTS ENROLLED IN HIGH-PRIORITY AND
    26  HIGH-INSTRUCTIONAL-COST OCCUPATION PROGRAMS, HIGH-PRIORITY
    27  OCCUPATION PROGRAMS AND NONCREDIT WORKFORCE DEVELOPMENT COURSES
    28  FOR THE 2006-2007 FISCAL YEAR, AS VERIFIED IN THE AUDITED
    29  FINANCIAL STATEMENT REQUIRED UNDER SUBSECTION (K.1).
    30     (III)  FOR THE 2008-2009 FISCAL YEAR AND EACH FISCAL YEAR
    20070H1067B4199                 - 29 -     

     1  THEREAFTER, THE DEPARTMENT OF EDUCATION SHALL PROVIDE THE THIRD
     2  AND FOURTH QUARTER PAYMENTS TO EACH COMMUNITY COLLEGE UNDER THIS
     3  SUBCLAUSE BASED UPON THE NUMBER OF FULL-TIME EQUIVALENT STUDENTS
     4  ENROLLED IN HIGH-PRIORITY AND HIGH-INSTRUCTIONAL-COST OCCUPATION
     5  PROGRAMS, HIGH-PRIORITY OCCUPATION PROGRAMS AND NONCREDIT
     6  WORKFORCE DEVELOPMENT COURSES FOR THE IMMEDIATELY PRECEDING
     7  FISCAL YEAR, AS VERIFIED IN THE AUDITED FINANCIAL STATEMENT
     8  REQUIRED UNDER SUBSECTION (K.1).
     9     (III)  FOR THE 2006-2007 AND 2007-2008 FISCAL YEARS, THE
    10  FOLLOWING SHALL APPLY:
    11     (A)  FULL-TIME EQUIVALENT STUDENTS ENROLLED IN STIPEND
    12  ADVANCED TECHNOLOGY PROGRAMS SHALL BE COUNTED AS FULL-TIME
    13  EQUIVALENT STUDENTS ENROLLED IN HIGH-PRIORITY AND HIGH-
    14  INSTRUCTIONAL-COST OCCUPATION PROGRAMS FOR THE PURPOSE OF THE
    15  CALCULATION IN SUBCLAUSE (II).
    16     (B)  FULL-TIME EQUIVALENT STUDENTS ENROLLED IN STIPEND
    17  STATEWIDE PROGRAMS SHALL BE COUNTED AS FULL-TIME EQUIVALENT
    18  STUDENTS ENROLLED IN HIGH-PRIORITY OCCUPATION PROGRAMS FOR THE
    19  PURPOSE OF THE CALCULATION IN SUBCLAUSE (II).
    20     (C)  FULL-TIME EQUIVALENT STUDENTS ENROLLED IN OTHER STIPEND
    21  OCCUPATIONAL PROGRAMS AND WORKFORCE DEVELOPMENT COURSES SHALL BE
    22  COUNTED AS FULL-TIME EQUIVALENT STUDENTS ENROLLED IN NONCREDIT
    23  WORKFORCE DEVELOPMENT COURSES FOR THE PURPOSE OF THE CALCULATION
    24  IN SUBCLAUSE (II).
    25     (D)  FOR REIMBURSEMENT FOR ANY SEMESTER THAT BEGINS ON OR
    26  AFTER JANUARY 1, 2006, THIS SUBCLAUSE SHALL ONLY APPLY FOR
    27  STUDENTS WHO WERE ENROLLED IN SUCH PROGRAMS DURING THE FALL 2005
    28  SEMESTER.
    29     * * *
    30     SECTION 19.  THE DEFINITION OF "APPLICANT" IN SECTION 1901-
    20070H1067B4199                 - 30 -     

     1  C(2) OF THE ACT, ADDED JUNE 25, 1997 (P.L.297, NO.30), IS
     2  AMENDED TO READ:
     3     SECTION 1901-C.  DEFINITIONS.--FOR PURPOSES OF THIS ARTICLE,
     4  THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
     5     * * *
     6     (2)  "APPLICANT."  A SCHOOL DISTRICT [OR], A COMBINATION OF
     7  SCHOOL DISTRICTS [WHICH] OR A CHARTER SCHOOL THAT PROVIDES AN
     8  ALTERNATIVE EDUCATION PROGRAM WITHIN OR TO A CHARTERING SCHOOL
     9  DISTRICT OR SCHOOL DISTRICTS AS THE CENTRAL MISSION OF ITS
    10  CHARTER AND THAT APPLIES FOR FUNDS UNDER THIS ARTICLE.
    11     * * *
    12     SECTION 20.  SECTION 1902-C OF THE ACT IS AMENDED BY ADDING A
    13  CLAUSE TO READ:
    14     SECTION 1902-C.  APPLICATIONS.--APPLICANTS SHALL SUBMIT
    15  APPLICATIONS AT THE TIME, IN THE MANNER AND CONTAINING OR
    16  ACCOMPANIED BY SUCH INFORMATION AS THE DEPARTMENT MAY PRESCRIBE
    17  BUT, IN ANY CASE, SHALL DOCUMENT THE FOLLOWING:
    18     * * *
    19     (9)  WHERE THE APPLICANT IS A CHARTER SCHOOL THAT PROVIDES AN
    20  ALTERNATIVE EDUCATION PROGRAM WITHIN OR TO A CHARTERING SCHOOL
    21  DISTRICT OR SCHOOL DISTRICTS AS THE CENTRAL MISSION OF ITS
    22  CHARTER, WRITTEN SUPPORT FOR THE APPLICATION FROM THE CHARTERING
    23  SCHOOL DISTRICT.
    24     SECTION 21.  SECTION 2017-A OF THE ACT, AMENDED JULY 1, 1985
    25  (P.L.103, NO.31), IS AMENDED TO READ:
    26     SECTION 2017-A.  ANNUAL REPORT.--(A)  AN ANNUAL REPORT SHALL
    27  BE SUBMITTED IN ELECTRONIC FORMAT BY EACH INSTITUTION TO THE
    28  [GOVERNOR AND THE APPROPRIATIONS AND EDUCATION COMMITTEES OF THE
    29  SENATE AND HOUSE OF REPRESENTATIVES] DEPARTMENT OF EDUCATION AND
    30  THE JOINT STATE GOVERNMENT COMMISSION WHICH SHALL INCLUDE DATA
    20070H1067B4199                 - 31 -     

     1  FOR ALL PROGRAMS OF THE INSTITUTION. EACH SUCH REPORT, TO BE
     2  SUBMITTED PRIOR TO SEPTEMBER 1, SHALL COVER THE 12-MONTH PERIOD
     3  BEGINNING WITH THE SUMMER TERM OF THE PRECEDING YEAR AND SHALL
     4  INCLUDE:
     5     (1)  THE FOLLOWING COUNTS AND DISTRIBUTIONS FOR EACH TERM
     6  DURING THE PERIOD:
     7     (I)  THE DEFINITIONS AND NUMBERS OF FACULTY MEMBERS EMPLOYED
     8  FULL TIME, OF FACULTY MEMBERS EMPLOYED PART TIME, OF FULL-TIME
     9  STUDENTS ENROLLED IN GRADUATE COURSES, OF FULL-TIME STUDENTS
    10  ENROLLED IN UNDERGRADUATE COURSES, OF PART-TIME STUDENTS
    11  ENROLLED IN GRADUATE COURSES, AND OF PART-TIME STUDENTS ENROLLED
    12  IN UNDERGRADUATE COURSES.
    13     (II)  THE TOTAL NUMBERS OF UNDERGRADUATE STUDENT CREDIT
    14  HOURS, DIVIDED INTO LOWER DIVISION AND UPPER DIVISION COURSE
    15  LEVELS, AND OF GRADUATE STUDENT CREDIT HOURS DIVIDED INTO THREE
    16  COURSE LEVELS--MASTER'S, FIRST PROFESSIONAL AND DOCTORAL.
    17     (III)  THE NUMBER OF DIFFERENT COURSES SCHEDULED BY LEVEL OF
    18  INSTRUCTION AND THE NUMBER OF SECTIONS OF INDIVIDUAL INSTRUCTION
    19  SCHEDULED BY LEVEL OF INSTRUCTION, EACH FURTHER SUBDIVIDED BY
    20  TWO DIGIT CLASSIFICATION OF INSTRUCTIONAL PROGRAM (CIP)
    21  CATEGORIES OF INSTRUCTIONAL PROGRAMS OF HIGHER EDUCATION AS
    22  DEFINED BY THE NATIONAL CENTER FOR EDUCATION STATISTICS, UNITED
    23  STATES DEPARTMENT OF EDUCATION.
    24     (IV)  THE NUMBER OF TERMS SCHEDULED AND THE DATES THEREOF.
    25     (2)  FOR THE SUMMER TERM AND THE FOLLOWING ACADEMIC YEAR IN
    26  TOTAL AND FOR EACH TWO DIGIT CIP PROGRAM CATEGORY, A
    27  CLASSIFICATION OF FACULTY MEMBERS OR OTHER PROFESSIONAL EMPLOYES
    28  BY TITLE, INCLUDING: PROFESSOR, ASSOCIATE PROFESSOR, ASSISTANT
    29  PROFESSOR, INSTRUCTOR, LECTURER, RESEARCH ASSOCIATE, LIBRARIAN
    30  AND ACADEMIC ADMINISTRATOR; FACULTY MEMBERS OR OTHER
    20070H1067B4199                 - 32 -     

     1  PROFESSIONAL EMPLOYES UNDER EACH TITLE TO BE SUBDIVIDED BY TYPE
     2  OF ASSIGNMENT: TEACHING AND NONTEACHING, AND EACH SUCH SET OF
     3  FACULTY MEMBERS OR OTHER PROFESSIONAL EMPLOYES TO BE FURTHER
     4  SUBDIVIDED BY TYPE OF EMPLOYMENT: FULL TIME OR PART TIME; AND
     5  THE FOLLOWING AGGREGATES FOR EACH SUBDIVIDED CLASSIFICATION:
     6     (I)  THE NUMBER OF FACULTY AND OTHER PROFESSIONAL EMPLOYES
     7  AND THEIR FULL-TIME EQUIVALENCE IN INSTRUCTIONAL AND
     8  NONINSTRUCTIONAL FUNCTIONS.
     9     (II)  THE SUM OF CREDITS ASSIGNED TO UNDERGRADUATE CLASSROOM
    10  COURSES AND THE SUM OF CREDITS ASSIGNED TO GRADUATE CLASSROOM
    11  COURSES TAUGHT, DIVIDED INTO LOWER DIVISION, UPPER DIVISION,
    12  MASTER'S, FIRST PROFESSIONAL AND DOCTORAL COURSE LEVELS.
    13     (III)  THE SUM OF CREDITS ASSIGNED TO UNDERGRADUATE
    14  INDIVIDUAL INSTRUCTION COURSES AND THE SUM OF CREDITS ASSIGNED
    15  TO GRADUATE INDIVIDUAL INSTRUCTION COURSES TAUGHT, DIVIDED INTO
    16  LOWER DIVISION, UPPER DIVISION, MASTER'S, FIRST PROFESSIONAL AND
    17  DOCTORAL COURSE LEVELS.
    18     (IV)  THE SUM OF UNDERGRADUATE CLASSROOM STUDENT CREDIT HOURS
    19  AND THE SUM OF GRADUATE CLASSROOM STUDENT CREDIT HOURS
    20  GENERATED, DIVIDED INTO LOWER DIVISION, UPPER DIVISION,
    21  MASTER'S, FIRST PROFESSIONAL AND DOCTORAL COURSE LEVELS.
    22     (V)  THE SUM OF UNDERGRADUATE INDIVIDUAL INSTRUCTION STUDENT
    23  CREDIT HOURS AND THE SUM OF GRADUATE INDIVIDUAL INSTRUCTION
    24  STUDENT CREDIT HOURS GENERATED, DIVIDED INTO LOWER DIVISION,
    25  UPPER DIVISION, MASTER'S, FIRST PROFESSIONAL AND DOCTORAL COURSE
    26  LEVELS.
    27     (VI)  THE TOTAL SALARY PAID FOR INSTRUCTIONAL FUNCTIONS AND
    28  FOR NONINSTRUCTIONAL FUNCTIONS AND THE AMOUNT OF THIS SALARY
    29  PAID FOR EACH OF THESE FUNCTIONS FROM UNIVERSITY FUNDS, FEDERAL
    30  FUNDS AND OTHER FUNDS.
    20070H1067B4199                 - 33 -     

     1     (3)  FOR EACH TERM OF THE PERIOD COVERED FOR EACH FACULTY
     2  MEMBER EMPLOYED FULL TIME IDENTIFIED BY TWO DIGIT CIP PROGRAM
     3  CATEGORY AND TITLE, THE REPORT SHALL CONTAIN AN ANALYSIS OF THE
     4  AVERAGE HOURS PER WEEK SPENT IN UNIVERSITY-RELATED ACTIVITIES,
     5  STATING SPECIFICALLY HOURS SPENT IN UNDERGRADUATE CLASSROOM
     6  CONTACT AND GRADUATE CLASSROOM CONTACT, HOURS SPENT IN
     7  PREPARATION, HOURS SPENT IN RESEARCH AND HOURS SPENT IN PUBLIC
     8  SERVICE.
     9     (B)  IN ADDITION TO THE REQUIREMENTS OF SUBSECTION (A), EACH
    10  REPORT COVERING THE 12-MONTH PERIOD SHALL INCLUDE FOR ALL
    11  PROGRAMS OF THE INSTITUTION:
    12     (1)  MINIMUM NUMBER OF CREDITS REQUIRED FOR A BACCALAUREATE
    13  DEGREE AND FOR A MASTER'S DEGREE.
    14     (2)  NUMBER OF BACHELOR'S DEGREES, MASTER'S DEGREES, FIRST
    15  PROFESSIONAL DEGREES AND DOCTORAL DEGREES AWARDED IN THE THREE
    16  PREVIOUS YEARS AND THOSE ESTIMATED FOR THAT YEAR.
    17     (C)  THE JOINT STATE GOVERNMENT COMMISSION SHALL DEVELOP A
    18  STATISTICAL COMPARISON ANALYSIS RECOGNIZING DIFFERENCES IN
    19  MISSIONS FROM THE REPORTS MADE UNDER THIS SECTION. THE
    20  COMPARISON SHALL BE PROVIDED TO THE EDUCATION COMMITTEE OF THE
    21  SENATE AND THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
    22  EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
    23  APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
    24  FOUR STATE REGIONAL LIBRARIES. THE COMPARATIVE ANALYSIS SHALL BE
    25  POSTED ON THE JOINT STATE GOVERNMENT COMMISSION'S INTERNET
    26  WEBSITE FOR A PERIOD OF NO LESS THAN FIVE (5) YEARS FROM THE
    27  DATE OF SUBMISSION.
    28     (D)  EACH REPORT SUBMITTED UNDER SUBSECTION (A) SHALL BE
    29  POSTED BY THE DEPARTMENT OF EDUCATION ON ITS INTERNET WEBSITE
    30  FOR A PERIOD OF NO LESS THAN FIVE (5) YEARS FROM THE DATE OF
    20070H1067B4199                 - 34 -     

     1  SUBMISSION.
     2     SECTION 22.  THE DEFINITION OF "BUSINESS FIRM" IN SECTION
     3  2002-B OF THE ACT, AMENDED JULY 11, 2006 (P.L.1092, NO.114), IS
     4  AMENDED AND THE SECTION IS AMENDED BY ADDING A DEFINITION TO
     5  READ:
     6  SECTION 2002-B.  DEFINITIONS.
     7     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
     8  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
     9  CONTEXT CLEARLY INDICATES OTHERWISE:
    10     "BUSINESS FIRM."  AN ENTITY AUTHORIZED TO DO BUSINESS IN THIS
    11  COMMONWEALTH AND SUBJECT TO TAXES IMPOSED UNDER ARTICLE III, IV,
    12  VI, VII, [VII-A,] VIII, [VIII-A,] IX OR XV OF THE ACT OF MARCH
    13  4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971.
    14  THIS TERM INCLUDES A PASS-THROUGH ENTITY.
    15     * * *
    16     "PASS-THROUGH ENTITY."  A PARTNERSHIP AS DEFINED IN SECTION
    17  301(N.0) OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE
    18  TAX REFORM CODE OF 1971, OR A PENNSYLVANIA S CORPORATION AS
    19  DEFINED IN SECTION 301(N.1) OF THE TAX REFORM CODE OF 1971.
    20     * * *
    21     SECTION 23.  SECTION 2005-B OF THE ACT, AMENDED DECEMBER 23,
    22  2003 (P.L.304, NO.48) AND JULY 4, 2004 (P.L.536, NO.70), IS
    23  AMENDED TO READ:
    24  SECTION 2005-B.  TAX CREDIT.
    25     (A)  SCHOLARSHIP OR EDUCATIONAL IMPROVEMENT ORGANIZATIONS.--
    26  IN ACCORDANCE WITH SECTION 2006-B(A), THE DEPARTMENT OF REVENUE
    27  SHALL GRANT A TAX CREDIT AGAINST ANY TAX DUE UNDER ARTICLE III,
    28  IV, VI, VII, [VII-A,] VIII, [VIII-A,] IX OR XV OF THE ACT OF
    29  MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF
    30  1971, TO A BUSINESS FIRM PROVIDING PROOF OF A CONTRIBUTION TO A
    20070H1067B4199                 - 35 -     

     1  SCHOLARSHIP ORGANIZATION OR EDUCATIONAL IMPROVEMENT ORGANIZATION
     2  IN THE TAXABLE YEAR IN WHICH THE CONTRIBUTION IS MADE WHICH
     3  SHALL NOT EXCEED 75% OF THE TOTAL AMOUNT CONTRIBUTED DURING THE
     4  TAXABLE YEAR BY THE BUSINESS FIRM. SUCH CREDIT SHALL NOT EXCEED
     5  [$200,000] $300,000 ANNUALLY PER BUSINESS FIRM FOR CONTRIBUTIONS
     6  MADE TO SCHOLARSHIP ORGANIZATIONS OR EDUCATIONAL IMPROVEMENT
     7  ORGANIZATIONS.
     8     (B)  ADDITIONAL AMOUNT.--THE DEPARTMENT OF REVENUE SHALL
     9  GRANT A TAX CREDIT OF UP TO 90% OF THE TOTAL AMOUNT CONTRIBUTED
    10  DURING THE TAXABLE YEAR IF THE BUSINESS FIRM PROVIDES A WRITTEN
    11  COMMITMENT TO PROVIDE THE SCHOLARSHIP ORGANIZATION OR
    12  EDUCATIONAL IMPROVEMENT ORGANIZATION WITH THE SAME AMOUNT OF
    13  CONTRIBUTION FOR TWO CONSECUTIVE TAX YEARS. THE BUSINESS FIRM
    14  MUST PROVIDE THE WRITTEN COMMITMENT UNDER THIS SUBSECTION TO THE
    15  DEPARTMENT AT THE TIME OF APPLICATION.
    16     (C)  PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATIONS.--IN
    17  ACCORDANCE WITH SECTION 2006-B(A), THE DEPARTMENT OF REVENUE
    18  SHALL GRANT A TAX CREDIT AGAINST ANY TAX DUE UNDER ARTICLE III,
    19  IV, VI, VII, [VII-A,] VIII, [VIII-A,] IX OR XV OF THE "TAX
    20  REFORM CODE OF 1971" TO A BUSINESS FIRM PROVIDING PROOF OF A
    21  CONTRIBUTION TO A PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATION IN
    22  THE TAXABLE YEAR IN WHICH THE CONTRIBUTION IS MADE WHICH SHALL
    23  BE EQUAL TO 100% OF THE FIRST $10,000 CONTRIBUTED DURING THE
    24  TAXABLE YEAR BY THE BUSINESS FIRM, AND WHICH SHALL NOT EXCEED
    25  90% OF THE REMAINING AMOUNT CONTRIBUTED DURING THE TAXABLE YEAR
    26  BY THE BUSINESS FIRM. SUCH CREDIT SHALL NOT EXCEED [$100,000]
    27  $150,000 ANNUALLY PER BUSINESS FIRM FOR CONTRIBUTIONS MADE TO
    28  PRE-KINDERGARTEN SCHOLARSHIP ORGANIZATIONS.
    29     (D)  COMBINATION OF TAX CREDITS.--A BUSINESS FIRM MAY RECEIVE
    30  TAX CREDITS FROM THE DEPARTMENT OF REVENUE IN ANY TAX YEAR FOR
    20070H1067B4199                 - 36 -     

     1  ANY COMBINATION OF CONTRIBUTIONS UNDER SUBSECTION (A) OR (B) OR
     2  (C). IN NO CASE MAY A BUSINESS FIRM RECEIVE TAX CREDITS IN ANY
     3  TAX YEAR IN EXCESS OF [$200,000] $300,000 FOR CONTRIBUTIONS
     4  UNDER SUBSECTIONS (A) AND (B). IN NO CASE SHALL A BUSINESS FIRM
     5  RECEIVE TAX CREDITS IN ANY TAX YEAR IN EXCESS OF [$100,000]
     6  $150,000 FOR CONTRIBUTIONS UNDER SUBSECTION (C).
     7     (E)  PASS-THROUGH ENTITY.--
     8         (1)  IF A PASS-THROUGH ENTITY DOES NOT USE ALL APPROVED
     9     TAX CREDITS UNDER SECTION 2005-B, IT MAY ELECT IN WRITING,
    10     ACCORDING TO PROCEDURES ESTABLISHED BY THE DEPARTMENT OF
    11     REVENUE, TO TRANSFER ALL OR A PORTION OF THE CREDIT TO
    12     SHAREHOLDERS, MEMBERS OR PARTNERS IN PROPORTION TO THE SHARE
    13     OF THE ENTITY'S DISTRIBUTIVE INCOME TO WHICH THE SHAREHOLDER,
    14     MEMBER OR PARTNER IS ENTITLED.
    15         (2)  A PASS-THROUGH ENTITY AND A SHAREHOLDER, MEMBER OR
    16     PARTNER OF A PASS-THROUGH ENTITY SHALL NOT CLAIM THE CREDIT
    17     UNDER THIS SECTION FOR THE SAME CONTRIBUTION.
    18         (3)  A SHAREHOLDER, MEMBER OR PARTNER OF A PASS-THROUGH
    19     ENTITY TO WHOM A CREDIT IS TRANSFERRED UNDER THIS SECTION
    20     SHALL IMMEDIATELY CLAIM THE CREDIT IN THE TAXABLE YEAR IN
    21     WHICH THE TRANSFER IS MADE. THE SHAREHOLDER, MEMBER OR
    22     PARTNER MAY NOT CARRY FORWARD, CARRY BACK, OBTAIN A REFUND OF
    23     OR SELL OR ASSIGN THE CREDIT.
    24     (F)  RESTRICTION ON APPLICABILITY OF CREDITS.--NO CREDITS
    25  GRANTED UNDER THIS SECTION SHALL BE APPLIED AGAINST ANY TAX
    26  WITHHELD BY AN EMPLOYER FROM AN EMPLOYEE UNDER ARTICLE III OF
    27  THE TAX REFORM CODE OF 1971.
    28     (G)  TIME OF APPLICATION FOR CREDITS.--
    29         (1)  EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3), THE
    30     DEPARTMENT MAY ACCEPT APPLICATIONS FOR TAX CREDITS AVAILABLE
    20070H1067B4199                 - 37 -     

     1     DURING A FISCAL YEAR NO EARLIER THAN JULY 1 OF EACH FISCAL
     2     YEAR.
     3         (2)  THE APPLICATION OF ANY BUSINESS FIRM FOR TAX CREDITS
     4     AVAILABLE DURING A FISCAL YEAR AS PART OF THE SECOND YEAR OF
     5     A TWO-YEAR COMMITMENT MAY BE ACCEPTED NO EARLIER THAN MAY 15
     6     PRECEDING THE FISCAL YEAR.
     7         (3)  THE APPLICATION UNDER SUBSECTION (A) OF ANY PASS-
     8     THROUGH ENTITY FOR APPROVAL OF SINGLE-YEAR TAX CREDITS
     9     AVAILABLE DURING A FISCAL YEAR AGAINST THE TAXES IMPOSED
    10     UNDER ARTICLE III OF THE TAX REFORM CODE OR UNDER SUBSECTION
    11     (B) FOR APPROVAL OF CREDITS AGAINST SUCH TAXES FOR THE FIRST
    12     YEAR OF A TWO-YEAR COMMITMENT MAY BE ACCEPTED BY THE
    13     DEPARTMENT NO EARLIER THAN THE FIRST BUSINESS DAY FOLLOWING
    14     JULY 7 OF THE FISCAL YEAR.
    15     SECTION 24.  SECTION 2006-B(C) OF THE ACT, AMENDED DECEMBER
    16  23, 2003 (P.L.304, NO.48), IS AMENDED TO READ:
    17  SECTION 2006-B.  LIMITATIONS.
    18     * * *
    19     (C)  TAX LIABILITY.--[A]
    20         (1)  EXCEPT AS PROVIDED IN PARAGRAPH (2), A TAX CREDIT
    21     GRANTED FOR ANY ONE TAXABLE YEAR MAY NOT EXCEED THE TAX
    22     LIABILITY OF A BUSINESS FIRM.
    23         (2)  IN THE CASE OF A CREDIT GRANTED TO A PASS-THROUGH
    24     ENTITY WHICH ELECTS TO TRANSFER THE CREDIT ACCORDING TO
    25     SECTION 2005-B(E), A TAX CREDIT GRANTED FOR ANY ONE TAXABLE
    26     YEAR AND TRANSFERRED TO A SHAREHOLDER, MEMBER OR PARTNER MAY
    27     NOT EXCEED THE TAX LIABILITY OF THE SHAREHOLDER, MEMBER OR
    28     PARTNER.
    29     * * *
    30     SECTION 25.  THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
    20070H1067B4199                 - 38 -     

     1                            ARTICLE XX-D
     2                 STATE-RELATED UNIVERSITY REPORTING
     3  SECTION 2001-D.  DEFINITIONS.
     4     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
     5  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
     6  CONTEXT CLEARLY INDICATES OTHERWISE:
     7     "ACADEMIC AND ADMINISTRATIVE SUPPORT UNITS."  ANY
     8  ORGANIZATIONAL ENTITY, AS DEFINED IN THE ORGANIZATIONAL MANUAL
     9  OF THE UNIVERSITY, THAT REPORTS DIRECTLY TO THE PRESIDENT OF THE
    10  UNIVERSITY, CHIEF ACADEMIC OFFICER OR VICE PRESIDENT, INCLUDING
    11  THE OFFICE OF THE PRESIDENT, CHIEF ACADEMIC OFFICER AND VICE
    12  PRESIDENT.
    13     "DEPARTMENT."  THE DEPARTMENT OF EDUCATION OF THE
    14  COMMONWEALTH.
    15     "EXPENDITURES."  DISBURSEMENTS OR PAYMENTS OF STATE
    16  APPROPRIATIONS, TUITION AND FEES SUPPORTING OPERATIONAL,
    17  EDUCATIONAL OR OTHER GENERAL CATEGORIES OF EXPENSES AS DEFINED
    18  IN: THE GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS PRESCRIBED
    19  BY THE NATIONAL ASSOCIATION OF COLLEGE AND UNIVERSITY BUSINESS
    20  OFFICERS, THE AMERICAN INSTITUTE OF CERTIFIED PUBLIC
    21  ACCOUNTANTS, OR BY THEIR SUCCESSORS, OR BY ANY OTHER RECOGNIZED
    22  AUTHORITATIVE BODY; THE "COMMONWEALTH OF PENNSYLVANIA BUDGET
    23  INSTRUCTIONS FOR THE STATE SYSTEM OF HIGHER EDUCATION, STATE-
    24  RELATED UNIVERSITIES AND NON-STATE-RELATED COLLEGES AND
    25  UNIVERSITIES"; AND, THE FINANCIAL REPORTING POLICIES AND
    26  STANDARDS PROMULGATED BY THE COMMONWEALTH OF PENNSYLVANIA AND BY
    27  THE FEDERAL GOVERNMENT THAT APPLY TO THE PENNSYLVANIA STATE
    28  UNIVERSITY.
    29     "REVENUE."  ALL STATE APPROPRIATIONS, TUITION AND FEES.
    30     "STATE-RELATED INSTITUTION."  THE PENNSYLVANIA STATE
    20070H1067B4199                 - 39 -     

     1  UNIVERSITY, THE UNIVERSITY OF PITTSBURGH, TEMPLE UNIVERSITY,
     2  LINCOLN UNIVERSITY AND THEIR BRANCH CAMPUSES.
     3  SECTION 2002-D.  REPORTING GUIDELINES.
     4     IN ANY YEAR A STATE-RELATED INSTITUTION RECEIVES A
     5  NONPREFERRED APPROPRIATION, A REPORT SHALL BE SUBMITTED IN
     6  ELECTRONIC FORMAT TO THE DEPARTMENT AND THE JOINT STATE
     7  GOVERNMENT COMMISSION AND SHALL INCLUDE DATA FOR ALL PROGRAMS.
     8  THE REPORT, TO BE SUBMITTED PRIOR TO SEPTEMBER 1, SHALL COVER
     9  THE 12-MONTH PERIOD BEGINNING WITH THE SUMMER TERM OF THE
    10  PRECEDING YEAR AND SHALL INCLUDE:
    11         (1)  THE FOLLOWING COUNTS AND DISTRIBUTIONS FOR EACH TERM
    12     DURING THE PERIOD:
    13             (I)  THE DEFINITIONS AND NUMBERS OF FACULTY MEMBERS
    14         EMPLOYED FULL TIME, OF FACULTY MEMBERS EMPLOYED PART
    15         TIME, OF FULL-TIME STUDENTS ENROLLED IN GRADUATE COURSES,
    16         OF FULL-TIME STUDENTS ENROLLED IN UNDERGRADUATE COURSES,
    17         OF PART-TIME STUDENTS ENROLLED IN GRADUATE COURSES AND OF
    18         PART-TIME STUDENTS ENROLLED IN UNDERGRADUATE COURSES.
    19             (II)  THE TOTAL NUMBERS OF UNDERGRADUATE STUDENT
    20         CREDIT HOURS, DIVIDED INTO LOWER DIVISION AND UPPER
    21         DIVISION COURSE LEVELS, AND OF GRADUATE STUDENT CREDIT
    22         HOURS, DIVIDED INTO THREE COURSE LEVELS: MASTER'S, FIRST
    23         PROFESSIONAL AND DOCTORAL.
    24             (III)  THE NUMBER OF DIFFERENT COURSES SCHEDULED BY
    25         LEVEL OF INSTRUCTION AND THE NUMBER OF SECTIONS OF
    26         INDIVIDUAL INSTRUCTION SCHEDULED BY LEVEL OF INSTRUCTION,
    27         EACH FURTHER SUBDIVIDED BY TWO-DIGIT CLASSIFICATION OF
    28         INSTRUCTIONAL PROGRAM (CIP) CATEGORIES OF INSTRUCTIONAL
    29         PROGRAMS OF HIGHER EDUCATION AS DEFINED BY THE NATIONAL
    30         CENTER FOR EDUCATION STATISTICS, UNITED STATES DEPARTMENT
    20070H1067B4199                 - 40 -     

     1         OF EDUCATION.
     2             (IV)  THE NUMBER OF TERMS SCHEDULED AND THE DATES
     3         THEREOF.
     4         (2)  FOR THE SUMMER TERM AND THE FOLLOWING ACADEMIC YEAR
     5     IN TOTAL AND FOR EACH TWO-DIGIT CIP PROGRAM CATEGORY, A
     6     CLASSIFICATION OF FACULTY MEMBERS OR OTHER PROFESSIONAL
     7     EMPLOYEES BY TITLE, INCLUDING: PROFESSOR, ASSOCIATE
     8     PROFESSOR, ASSISTANT PROFESSOR, INSTRUCTOR, LECTURER,
     9     RESEARCH ASSOCIATE, LIBRARIAN AND ACADEMIC ADMINISTRATOR;
    10     FACULTY MEMBERS OR OTHER PROFESSIONAL EMPLOYEES UNDER EACH
    11     TITLE TO BE SUBDIVIDED BY TYPE OF ASSIGNMENT: TEACHING AND
    12     NONTEACHING; AND EACH SUCH SET OF FACULTY MEMBERS OR OTHER
    13     PROFESSIONAL EMPLOYEES TO BE FURTHER SUBDIVIDED BY TYPE OF
    14     EMPLOYMENT: FULL-TIME OR PART-TIME; AND THE FOLLOWING
    15     AGGREGATES FOR EACH SUCH SUBDIVIDED CLASSIFICATION:
    16             (I)  THE NUMBER OF FACULTY AND OTHER PROFESSIONAL
    17         EMPLOYEES AND THEIR FULL-TIME EQUIVALENCE IN
    18         INSTRUCTIONAL AND NONINSTRUCTIONAL FUNCTIONS.
    19             (II)  THE SUM OF CREDITS ASSIGNED TO UNDERGRADUATE
    20         CLASSROOM COURSES AND THE SUM OF CREDITS ASSIGNED TO
    21         GRADUATE CLASSROOM COURSES TAUGHT, DIVIDED INTO LOWER
    22         DIVISION, UPPER DIVISION, MASTER'S, FIRST PROFESSIONAL
    23         AND DOCTORAL COURSE LEVELS.
    24             (III)  THE SUM OF CREDITS ASSIGNED TO UNDERGRADUATE
    25         INDIVIDUAL INSTRUCTION COURSES AND THE SUM OF CREDITS
    26         ASSIGNED TO GRADUATE INDIVIDUAL INSTRUCTION COURSES
    27         TAUGHT, DIVIDED INTO LOWER DIVISION, UPPER DIVISION,
    28         MASTER'S, FIRST PROFESSIONAL AND DOCTORAL COURSE LEVELS.
    29             (IV)  THE SUM OF UNDERGRADUATE CLASSROOM STUDENT
    30         CREDIT HOURS AND THE SUM OF GRADUATE CLASSROOM STUDENT
    20070H1067B4199                 - 41 -     

     1         CREDIT HOURS GENERATED, DIVIDED INTO LOWER DIVISION,
     2         UPPER DIVISION, MASTER'S, FIRST PROFESSIONAL AND DOCTORAL
     3         COURSE LEVELS.
     4             (V)  THE SUM OF UNDERGRADUATE INDIVIDUAL INSTRUCTION
     5         STUDENT CREDIT HOURS AND THE SUM OF GRADUATE INDIVIDUAL
     6         INSTRUCTION STUDENT CREDIT HOURS GENERATED, DIVIDED INTO
     7         LOWER DIVISION, UPPER DIVISION, MASTER'S, FIRST
     8         PROFESSIONAL AND DOCTORAL COURSE LEVELS.
     9             (VI)  THE TOTAL SALARY PAID FOR INSTRUCTIONAL
    10         FUNCTIONS AND FOR NONINSTRUCTIONAL FUNCTIONS AND THE
    11         AMOUNT OF THIS SALARY PAID FOR EACH OF THESE FUNCTIONS
    12         FROM UNIVERSITY FUNDS, FEDERAL FUNDS AND OTHER FUNDS.
    13         (3)  FOR EACH TERM OF THE PERIOD COVERED FOR EACH FACULTY
    14     MEMBER EMPLOYED FULL TIME IDENTIFIED BY TWO-DIGIT CIP PROGRAM
    15     CATEGORY AND TITLE, THE REPORT SHALL CONTAIN AN ANALYSIS OF
    16     THE AVERAGE HOURS PER WEEK SPENT IN UNIVERSITY-RELATED
    17     ACTIVITIES, STATING SPECIFICALLY HOURS SPENT IN UNDERGRADUATE
    18     CLASSROOM CONTACT AND GRADUATE CLASSROOM CONTACT, HOURS SPENT
    19     IN PREPARATION, HOURS SPENT IN RESEARCH AND HOURS SPENT IN
    20     PUBLIC SERVICE.
    21  SECTION 2003-D.  ADDITIONAL REPORT REQUIREMENTS.
    22     IN ADDITION TO THE REQUIREMENTS IN SECTION 2002-D RELATIVE TO
    23  ANY APPROPRIATION, THE REPORT COVERING THE 12-MONTH PERIOD SHALL
    24  INCLUDE FOR ALL PROGRAMS OF THE UNIVERSITY:
    25         (1)  MINIMUM NUMBER OF CREDITS REQUIRED FOR A
    26     BACCALAUREATE DEGREE AND FOR A MASTER'S DEGREE.
    27         (2)  NUMBER OF BACHELOR'S DEGREES, MASTER'S DEGREES,
    28     FIRST PROFESSIONAL DEGREES AND DOCTORAL DEGREES AWARDED FOR
    29     THE PREVIOUS FIVE YEARS AND THOSE ESTIMATES FOR THAT YEAR.
    30  SECTION 2004-D.  DISCLOSURE.
    20070H1067B4199                 - 42 -     

     1     (A)  EXPENDITURES.--THE UNIVERSITY SHALL DISCLOSE THE
     2  FOLLOWING:
     3         (1)  REVENUE AND EXPENDITURE BUDGETS OF THE UNIVERSITY'S
     4     ACADEMIC AND ADMINISTRATIVE SUPPORT UNITS FOR THE CURRENT
     5     FISCAL YEAR.
     6         (2)  THE ACTUAL REVENUE AND EXPENDITURES FOR THE PRIOR
     7     YEAR IN THE SAME FORMAT AS THE INFORMATION REPORTED UNDER
     8     PARAGRAPH (1).
     9         (3)  FOR ANY DEFINED PROJECT OR PROGRAM WHICH IS THE
    10     SUBJECT OF A SPECIFIC LINE ITEM APPROPRIATION FROM THE
    11     GENERAL FUND, THE UNIVERSITY SHALL DISCLOSE THE FOLLOWING:
    12             (I)  REVENUE AND EXPENDITURE BUDGETS OF THE DEFINED
    13         PROGRAM OR PROJECT FOR THE CURRENT FISCAL YEAR.
    14             (II)  THE ACTUAL REVENUE AND EXPENDITURES OF THE
    15         DEFINED PROGRAM OR PROJECT FOR THE PRIOR YEAR IN THE SAME
    16         FORMAT AS THE INFORMATION REPORTED UNDER PARAGRAPH (1).
    17         (4)  THE REVENUE AND EXPENDITURES OF ANY AUXILIARY
    18     ENTERPRISE WHICH IS DIRECTLY FUNDED IN WHOLE OR IN PART BY
    19     TUITION OR A STATE APPROPRIATION FOR THE CURRENT FISCAL YEAR.
    20     (B)  PRIOR FISCAL YEAR.--THE UNIVERSITY SHALL PROVIDE THE
    21  FOLLOWING ADDITIONAL INFORMATION FOR THE PRIOR FISCAL YEAR FOR
    22  EACH ACADEMIC OR ADMINISTRATIVE SUPPORT UNIT, FOR EACH DEFINED
    23  PROJECT OR PROGRAM AND FOR ANY AUXILIARY ENTERPRISE:
    24         (1)  THE NUMBER OF EMPLOYEES BY ACADEMIC RANK AND BY
    25     CLASSIFICATION THE NUMBER OF ADMINISTRATORS, STAFF, CLERICAL
    26     AND TECHNICAL SERVICE EMPLOYEES.
    27         (2)  MEDIAN AND MEAN SALARY BY ACADEMIC RANK AND BY
    28     CLASSIFICATION THE MEDIAN AND MEAN SALARIES OF
    29     ADMINISTRATORS, STAFF, CLERICAL AND TECHNICAL SERVICE
    30     EMPLOYEES.
    20070H1067B4199                 - 43 -     

     1         (3)  NONSALARY COMPENSATION AS A PERCENTAGE OF SALARY.
     2     NONSALARY COMPENSATION SHALL INCLUDE, BUT NOT BE LIMITED TO,
     3     MEDICAL BENEFITS, LIFE INSURANCE BENEFITS, PENSION BENEFITS,
     4     LEAVE BENEFITS, EMPLOYER SOCIAL SECURITY PAYMENTS AND
     5     WORKERS' COMPENSATION BENEFITS.
     6         (4)  A STATEMENT OF THE UNIVERSITY'S RETIREMENT POLICIES.
     7         (5)  A POLICY STATEMENT RELATING TO A REDUCTION OF
     8     TUITION FOR EMPLOYEES' FAMILY MEMBERS.
     9         (6)  A LIST OF PURCHASE OF SERVICE CONTRACTS WHICH EXCEED
    10     $1,000 BY CATEGORY OF SERVICE, INCLUDING, BUT NOT LIMITED TO,
    11     LEGAL, INSTRUCTIONAL, MANAGEMENT, ACCOUNTING, ARCHITECTURE,
    12     PUBLIC RELATIONS AND MAINTENANCE. THE LIST SHALL CONTAIN THE
    13     NAME AND ADDRESS OF THE CONTRACTOR, A STATEMENT OF THE NATURE
    14     OF THE DUTIES OF THE CONTRACTOR AND THE ACADEMIC AND
    15     ADMINISTRATIVE SUPPORT UNIT FOR WHICH THE DUTIES ARE
    16     PERFORMED. IF A PURCHASE OF SERVICE CONTRACT EXCEEDS 10% OF
    17     THE TOTAL AGGREGATE EXPENDITURE OF THE CONTRACT CATEGORY PER
    18     ACADEMIC OR ADMINISTRATIVE SUPPORT UNIT, THEN THE CONTRACTED
    19     AMOUNT SHALL ALSO BE LISTED.
    20         (7)  A LIST OF PURCHASE OF GOODS CONTRACTS WHICH EXCEED
    21     $1,000. THE LIST SHALL CONTAIN THE NAME AND ADDRESS OF THE
    22     CONTRACTOR AND A LIST OF THE GOODS PURCHASED AND THE ACADEMIC
    23     OR ADMINISTRATIVE SUPPORT UNIT FOR WHICH SUCH GOODS WERE
    24     CONTRACTED. IF A PURCHASE OF GOODS CONTRACT EXCEEDS 10% OF
    25     THE TOTAL AGGREGATE EXPENDITURE PER ACADEMIC OR
    26     ADMINISTRATIVE SUPPORT UNIT, THEN THE CONTRACTED AMOUNT SHALL
    27     ALSO BE LISTED.
    28         (8)  A LIST BY ACADEMIC OR ADMINISTRATIVE SUPPORT UNIT IN
    29     THE AGGREGATE OF THE EXPENSES OF TRAVEL, SUBSISTENCE AND
    30     LODGING, WHETHER PROVIDED OR REIMBURSED.
    20070H1067B4199                 - 44 -     

     1     (C)  FORMAT.--THE UNIVERSITY SHALL SUBMIT IN ELECTRONIC
     2  FORMAT A REPORT OF THE INFORMATION UNDER SUBSECTIONS (A) AND (B)
     3  TO THE DEPARTMENT AND THE JOINT STATE GOVERNMENT COMMISSION.
     4  EACH SUCH INSTITUTION SHALL MAINTAIN A COPY OF THE REPORT IN THE
     5  INSTITUTION'S LIBRARY AND SHALL SUBMIT A COPY TO EACH OF THE
     6  FOUR STATE REGIONAL LIBRARY RESOURCE CENTERS.
     7     (D)  TIME FRAME.--A UNIVERSITY'S REPORT REQUIRED TO BE
     8  SUBMITTED UNDER THIS SECTION SHALL BE SUBMITTED WITHIN 180 DAYS
     9  OF THE CLOSE OF THE UNIVERSITY'S CURRENT FISCAL YEAR.
    10     (E)  MINUTES.--THE UNIVERSITY SHALL MAKE A COPY OF THE
    11  MINUTES OF EACH PUBLIC MEETING OF THE INSTITUTION'S BOARD OF
    12  TRUSTEES, AS WELL AS A COPY OF THE INSTITUTION'S INTEGRATED
    13  POSTSECONDARY EDUCATION DATA SYSTEMS REPORT, AVAILABLE FOR
    14  PUBLIC INSPECTION IN THE INSTITUTION'S LIBRARY.
    15  SECTION 2005-D.  COMPARATIVE ANALYSIS AND POSTING BY COMMISSION.
    16     THE JOINT STATE GOVERNMENT COMMISSION SHALL DEVELOP A
    17  STATISTICAL COMPARISON ANALYSIS RECOGNIZING DIFFERENCES IN
    18  MISSIONS FROM THE REPORTS MADE UNDER THIS ARTICLE. A MAJORITY OF
    19  THE MEMBERS OF THE COMMISSION MAY REQUEST ADDITIONAL
    20  DOCUMENTATION, EXCEPT FOR SALARY OR IDENTITY OF INDIVIDUALS,
    21  NECESSARY TO COMPLETE THE COMPARATIVE ANALYSIS. THE COMPARISON
    22  SHALL BE PROVIDED TO THE EDUCATION COMMITTEE OF THE SENATE AND
    23  THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE EDUCATION
    24  COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE APPROPRIATIONS
    25  COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE FOUR STATE
    26  REGIONAL LIBRARIES. THE COMPARATIVE ANALYSIS SHALL BE POSTED ON
    27  THE JOINT STATE GOVERNMENT COMMISSION'S INTERNET WEBSITE FOR A
    28  PERIOD OF NO LESS THAN FIVE YEARS FROM THE DATE OF SUBMISSION.
    29  SECTION 2006-D.  POSTING OF REPORTS BY DEPARTMENT.
    30     THE REPORTS REQUIRED UNDER THIS ARTICLE SHALL BE POSTED ON
    20070H1067B4199                 - 45 -     

     1  THE DEPARTMENT'S INTERNET WEBSITE FOR A PERIOD OF NO LESS THAN
     2  FIVE YEARS FROM THE DATE OF SUBMISSION.
     3     SECTION 26.  SECTION 2103 OF THE ACT IS AMENDED TO READ:
     4     SECTION 2103.  BOARD OF PUBLIC EDUCATION; ADDITIONAL
     5  DUTIES.--THE DUTIES OF THE BOARD OF PUBLIC EDUCATION IN
     6  DISTRICTS OF THE FIRST CLASS, IN ADDITION TO THE DUTIES
     7  PRESCRIBED IN THIS ACT, SHALL BE--
     8     (1)  TO DEFINE THE GENERAL POLICIES OF THE SCHOOL SYSTEM,
     9     (2)  TO LEGISLATE UPON ALL MATTERS PERTAINING THERETO,
    10     (3)  TO DETERMINE AND DIRECT ALL EXPENDITURES FOR THE
    11  MAINTENANCE AND IMPROVEMENT OF THE SCHOOL SYSTEM,
    12     (4)  TO APPOINT THE OFFICERS HEREIN PRESCRIBED AND DEFINE
    13  THEIR DUTIES,
    14     (5)  TO APPOINT TEACHERS,
    15     (6)  TO GRANT AND AWARD SCHOLARSHIPS ON A MERIT BASIS,
    16     (7)  IN GENERAL TO LEGISLATE UPON ALL MATTERS CONCERNING THE
    17  CONDUCT OF THE SCHOOLS SUBJECT TO THE PROVISIONS OF THIS ACT.
    18     (8)  PROVIDED, THAT NOTWITHSTANDING THE PROVISIONS OF SECTION
    19  1326, THE GOVERNING AUTHORITY OF THE SCHOOL DISTRICT MAY
    20  ESTABLISH THE COMPULSORY SCHOOL AGE AT NO EARLIER THAN AGE SIX.
    21  THE PROVISIONS OF SECTION 1326 SHALL CONTINUE TO APPLY TO ANY
    22  STUDENT ENROLLED IN A PROGRAM UNDER SECTION 1327.1 OR TO ANY
    23  STUDENT WHOSE PARENT OR GUARDIAN FILES A NOTICE WITH THE
    24  SUPERINTENDENT OF THE SCHOOL DISTRICT OF THE INTENTION TO ENROLL
    25  THE STUDENT IN A PROGRAM UNDER SECTION 1327.1.
    26     SECTION 27.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
    27  SECTION 2317.  STATE AID FOR FISCAL YEAR 2008-2009.
    28     (A)  GENERAL RULE.--EACH LIBRARY SUBJECT TO THE ACT OF JUNE
    29  14, 1961 (P.L.324, NO.188), KNOWN AS THE LIBRARY CODE, THAT
    30  RECEIVED A STATE AID ALLOCATION FOR FISCAL YEAR 2007-2008 UNDER
    20070H1067B4199                 - 46 -     

     1  SECTION 2316 AND WHICH COMPLIES WITH THE STANDARDS CONTAINED IN
     2  THE LIBRARY CODE AND REGULATIONS PROMULGATED UNDER THE LIBRARY
     3  CODE RELATING TO HOURS OF OPERATION, CONTINUING PROFESSIONAL
     4  DEVELOPMENT, COLLECTIONS EXPENDITURES AND ANY OTHER STANDARDS
     5  RELATED TO LIBRARY OPERATIONS AS REQUIRED UNDER SECTION 104 OF
     6  THE LIBRARY CODE SHALL BE ELIGIBLE FOR STATE AID IN FISCAL YEAR
     7  2008-2009.
     8     (B)  FORMULA.--STATE AID UNDER THIS SECTION SHALL CONSIST OF
     9  THE FOLLOWING:
    10         (1)  DIVIDE THE SUM OF THE AMOUNT OF FUNDING THAT THE
    11     LIBRARY RECEIVED IN FISCAL YEAR 2007-2008 UNDER SECTION 2316
    12     BY THE TOTAL STATE AID SUBSIDY FOR FISCAL YEAR 2007-2008 AND
    13     MULTIPLY THE QUOTIENT BY THE TOTAL STATE AID SUBSIDY FOR
    14     2008-2009.
    15         (2)  AFTER DISTRIBUTION OF STATE AID TO LIBRARIES UNDER
    16     THIS SECTION, ANY REMAINING UNALLOCATED FUNDS MAY BE
    17     DISTRIBUTED AT THE DISCRETION OF THE STATE LIBRARIAN.
    18     SECTION 28.  THE DEFINITION OF "AVERAGE DAILY MEMBERSHIP" IN
    19  SECTION 2501 OF THE ACT, AMENDED FEBRUARY 1, 1966 (1965
    20  P.L.1642, NO.580), IS AMENDED AND THE SECTION IS AMENDED BY
    21  ADDING DEFINITIONS TO READ:
    22     SECTION 2501.  DEFINITIONS.--FOR THE PURPOSES OF THIS ARTICLE
    23  THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    24     * * *
    25     (3)  "AVERAGE DAILY MEMBERSHIP" SHALL BE COMPUTED IN
    26  ACCORDANCE WITH RULES OF PROCEDURE AS ESTABLISHED BY THE
    27  [SUPERINTENDENT OF PUBLIC INSTRUCTION.] SECRETARY OF EDUCATION.
    28  FOR THE PURPOSE OF CALCULATING THE BASIC EDUCATION FUNDING
    29  ALLOCATION UNDER SECTION 2502.48, THE COMPUTATION SHALL BE
    30  ADJUSTED FOR EACH LEVEL OF INSTRUCTION AS FOLLOWS:
    20070H1067B4199                 - 47 -     

     1     (I)  HALF-TIME PREKINDERGARTEN AND HALF-TIME KINDERGARTEN:
     2  .50;
     3     (II)  FULL-TIME PREKINDERGARTEN, FULL-TIME KINDERGARTEN,
     4  ELEMENTARY AND SECONDARY: 1.00.
     5  A CHILD ON WHOSE BEHALF PAYMENT IS MADE UNDER SECTION 1514-D
     6  SHALL NOT BE INCLUDED IN THIS CALCULATION.
     7     * * *
     8     (26)  "ACTUAL SPENDING."  AN AMOUNT EQUAL TO A SCHOOL
     9  DISTRICT'S TOTAL EXPENDITURES TO INCLUDE GENERAL FUND
    10  EXPENDITURES IN ALL FUNCTIONAL CLASSIFICATIONS, AS DESIGNATED IN
    11  THE MANUAL OF ACCOUNTING AND RELATED FINANCIAL PROCEDURES FOR
    12  PENNSYLVANIA SCHOOL SYSTEMS, EXCEPT FOR:
    13     (I)  SPECIAL EDUCATION;
    14     (II)  ADULT EDUCATION;
    15     (III)  HIGHER EDUCATION;
    16     (IV)  STUDENT TRANSPORTATION;
    17     (V)  COMMUNITY SERVICES;
    18     (VI)  SCHOLARSHIPS AND AWARDS;
    19     (VII)  FACILITIES ACQUISITION;
    20     (VIII)  CONSTRUCTION AND IMPROVEMENT SERVICES;
    21     (IX)  OTHER EXPENDITURES AND FINANCING USES; AND
    22     (X)  TUITION FROM PATRONS REVENUE.
    23     (27)  "FUNDING YEAR."  THE MOST RECENT SCHOOL YEAR FOR WHICH
    24  ALL SCHOOL DISTRICTS WERE REQUIRED BY THE DEPARTMENT TO SUBMIT
    25  AN ANNUAL FINANCIAL REPORT PRIOR TO THE DATE AN EXECUTIVE BUDGET
    26  WAS PROPOSED.
    27     (28)  "INDEX."  AS ESTABLISHED BY THE DEPARTMENT IN EACH
    28  CALENDAR YEAR FOR THE SUBSEQUENT FISCAL YEAR, THE AVERAGE OF:
    29     (I)  THAT AMOUNT DETERMINED BY THE DEPARTMENT OF LABOR AND
    30  INDUSTRY IN THE SAME MANNER THAT IT DETERMINES THE AVERAGE
    20070H1067B4199                 - 48 -     

     1  WEEKLY WAGE UNDER SECTION 404(E)(2) OF THE ACT OF DECEMBER 5,
     2  1936 (2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE
     3  "UNEMPLOYMENT COMPENSATION LAW," EXCEPT THAT IT SHALL BE
     4  CALCULATED FOR THE PRECEDING CALENDAR YEAR.
     5     (II)  THE MOST RECENT OFFICIAL FIGURES REPORTED BY THE UNITED
     6  STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS FOR THE
     7  PREVIOUS TWELVE-MONTH PERIOD BEGINNING JULY 1 AND ENDING JUNE 30
     8  FOR THE EMPLOYMENT COST INDEX SERIES FOR ELEMENTARY AND
     9  SECONDARY SCHOOLS.
    10     (29)  "LOCATION COST METRIC."  AN INDEX OF GEOGRAPHIC COST
    11  DIFFERENCES FOR EACH COUNTY AS PUBLISHED BY THE DEPARTMENT ON
    12  ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE ON FEBRUARY 5, 2008.
    13  THE INDEX SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN NO
    14  LATER THAN THIRTY (30) DAYS AFTER THE EFFECTIVE DATE OF THIS
    15  CLAUSE.
    16     (30)  "MODIFIED AVERAGE DAILY MEMBERSHIP" OR "MODIFIED ADM."
    17  THE SUM OF THE FOLLOWING PRODUCTS:
    18     (I)  FIFTY-TWO ONE-HUNDREDTHS (.52) AND THE SCHOOL DISTRICT'S
    19  AVERAGE DAILY MEMBERSHIP IN THE FUNDING YEAR;
    20     (II)  TWENTY-SIX ONE-HUNDREDTHS (.26) AND THE SCHOOL
    21  DISTRICT'S AVERAGE DAILY MEMBERSHIP IN THE SCHOOL YEAR PRIOR TO
    22  THE FUNDING YEAR;
    23     (III)  THIRTEEN ONE-HUNDREDTHS (.13) AND THE SCHOOL
    24  DISTRICT'S AVERAGE DAILY MEMBERSHIP TWO (2) SCHOOL YEARS PRIOR
    25  TO THE FUNDING YEAR;
    26     (IV)  SIX ONE-HUNDREDTHS (0.06) AND THE SCHOOL DISTRICT'S
    27  AVERAGE DAILY MEMBERSHIP THREE (3) SCHOOL YEARS PRIOR TO THE
    28  FUNDING YEAR; AND
    29     (V)  THREE ONE-HUNDREDTHS (.03) AND THE SCHOOL DISTRICT'S
    30  AVERAGE DAILY MEMBERSHIP FOUR (4) YEARS PRIOR TO THE FUNDING
    20070H1067B4199                 - 49 -     

     1  YEAR.
     2     SECTION 29.  SECTION 2502.46 OF THE ACT IS AMENDED BY ADDING
     3  A PARAGRAPH TO READ:
     4     SECTION 2502.46.  FUNDING FOR PARTNERSHIP SCHOOLS.--THE
     5  FOLLOWING SHALL APPLY:
     6     * * *
     7     (5) (I)  NO LATER THAN SEPTEMBER 1, 2008, AND EACH SEPTEMBER
     8  1 THEREAFTER, A SCHOOL DISTRICT OF THE FIRST CLASS SHALL FILE A
     9  REPORT WITH THE DEPARTMENT OF EDUCATION CONTAINING THE FOLLOWING
    10  INFORMATION WITH REGARD TO PROGRAMS FUNDED UNDER THIS SECTION
    11  FOR THE IMMEDIATELY PRECEDING SCHOOL YEAR:
    12     (A)  THE NAME OF EACH SCHOOL WHOSE OPERATION WAS GOVERNED BY
    13  AN AGREEMENT PURSUANT TO PARAGRAPH (1); THE GRADE LEVELS SERVED
    14  AND THE NUMBER OF CHILDREN ATTENDING EACH SCHOOL; AND THE NAME
    15  OF THE PERSON OR PERSONS WITH WHOM THE DISTRICT HAS MADE AN
    16  AGREEMENT FOR THAT SCHOOL'S OPERATIONS.
    17     (B)  THE TOTAL DOLLAR AMOUNT OF COSTS SPECIFIED IN THE
    18  AGREEMENT EXISTING BETWEEN THE SCHOOL DISTRICT AND EACH PARTNER
    19  TO BE PAID TO THE PARTNER AND THE TERMS AND CONDITIONS SPECIFIED
    20  IN EACH AGREEMENT.
    21     (C)  THE TOTAL DOLLAR AMOUNT OF COSTS ACTUALLY PAID BY THE
    22  SCHOOL DISTRICT TO EACH PARTNER FOR THE OPERATION OF ITS
    23  PARTNERSHIP SCHOOL OR SCHOOLS.
    24     (D)  IF A DIFFERENCE EXISTS BETWEEN THE DOLLAR AMOUNTS
    25  REPORTED IN CLAUSE (C) AND THOSE REPORTED IN CLAUSE (B), AN
    26  EXPLANATION FOR THE DIFFERENCE.
    27     (E)  IF A DIFFERENCE EXISTS BETWEEN THE DOLLAR AMOUNTS
    28  REPORTED IN CLAUSE (C) AND THE DOLLAR AMOUNT REQUIRED TO BE
    29  EXPENDED BY THE DISTRICT PURSUANT TO PARAGRAPH (1), AN
    30  ACCOUNTING OF WHERE THE UNEXPENDED DOLLARS WERE UTILIZED.
    20070H1067B4199                 - 50 -     

     1     (II)  INCLUDED IN THE REPORT DUE NO LATER THAN SEPTEMBER 1,
     2  2008, SHALL BE THE INFORMATION REQUIRED PURSUANT TO SUBPARAGRAPH
     3  (I)(A) AND (B) AS PROVIDED FOR IN THE FINAL BUDGET ADOPTED BY A
     4  SCHOOL DISTRICT OF THE FIRST CLASS FOR THE 2008-2009 SCHOOL
     5  YEAR.
     6     (III)  A SCHOOL DISTRICT OF THE FIRST CLASS MAY SUBMIT AN
     7  UPDATED PLAN FOR THE OPERATIONS OF SCHOOLS GOVERNED BY
     8  AGREEMENTS PURSUANT TO THIS SECTION ANTICIPATED FOR THE 2009-
     9  2010 SCHOOL YEAR AT ANY TIME DURING THE 2008-2009 SCHOOL YEAR.
    10     (IV)  NO LATER THAN THIRTY (30) DAYS AFTER RECEIPT OF THIS
    11  REPORT, A COPY SHALL BE FURNISHED TO THE CHAIRMAN AND MINORITY
    12  CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE SENATE AND THE
    13  CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE
    14  OF THE HOUSE OF REPRESENTATIVES.
    15     SECTION 30.  THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
    16     SECTION 2502.48.  BASIC EDUCATION FUNDING FOR STUDENT
    17  ACHIEVEMENT.--(A)  THE DEPARTMENT OF EDUCATION SHALL CALCULATE A
    18  BASE COST PER STUDENT. FOR THE 2007-2008 SCHOOL YEAR, THE BASE
    19  COST PER STUDENT SHALL BE EIGHT THOUSAND THREE DOLLARS ($8,003)
    20  INCREASED BY THE 2008-2009 INDEX.
    21     (B)  THE DEPARTMENT OF EDUCATION SHALL DETERMINE AN ADEQUACY
    22  TARGET FOR EACH SCHOOL DISTRICT BY CALCULATING THE SUM OF THE
    23  FOLLOWING:
    24     (1)  A BASE COST DETERMINED BY CALCULATING THE PRODUCT OF THE
    25  BASE COST PER STUDENT AND THE SCHOOL DISTRICT'S MODIFIED ADM.
    26     (2)  A POVERTY SUPPLEMENT DETERMINED BY CALCULATING THE
    27  PRODUCT OF:
    28     (I)  THE BASE COST PER STUDENT;
    29     (II)  THE NUMBER OF STUDENTS ENROLLED IN THE SCHOOL DISTRICT
    30  ON OCTOBER 31 OF THE FUNDING YEAR WHO WERE ELIGIBLE FOR FREE OR
    20070H1067B4199                 - 51 -     

     1  REDUCED PRICE MEALS UNDER THE SCHOOL LUNCH PROGRAM; AND
     2     (III)  FORTY-THREE ONE-HUNDREDTHS (.43).
     3     (3)  A DISTRICT SIZE SUPPLEMENT DETERMINED BY CALCULATING THE
     4  MAXIMUM OF ZERO AND THE PRODUCT OF:
     5     (I)  THE BASE COST PER STUDENT;
     6     (II)  THE SCHOOL DISTRICT'S FUNDING YEAR AVERAGE DAILY
     7  MEMBERSHIP; AND
     8     (III)  THE SUM OF FOUR HUNDRED EIGHTY-THREE ONE-THOUSANDTHS
     9  (.483) AND THE PRODUCT OF THE NATURAL LOGARITHM OF THE SCHOOL
    10  DISTRICT'S FUNDING YEAR AVERAGE DAILY MEMBERSHIP AND NEGATIVE
    11  FIVE ONE-HUNDREDTHS (-.05);
    12     (4)  AN ENGLISH LANGUAGE LEARNER SUPPLEMENT DETERMINED BY
    13  CALCULATING THE PRODUCT OF:
    14     (I)  THE BASE COST PER STUDENT;
    15     (II)  THE NUMBER OF ENROLLED STUDENTS IDENTIFIED AS LIMITED
    16  ENGLISH PROFICIENT IN THE FUNDING YEAR IN THE SCHOOL DISTRICT;
    17  AND
    18     (III)  THE SUM OF THREE AND SEVEN HUNDRED FIFTY-THREE ONE-
    19  THOUSANDTHS (3.753) AND THE PRODUCT OF THE NATURAL LOGARITHM OF
    20  THE SCHOOL DISTRICT'S FUNDING YEAR AVERAGE DAILY MEMBERSHIP AND
    21  NEGATIVE TWENTY-THREE ONE-HUNDREDTHS (-.23), PROVIDED THAT SUCH
    22  AMOUNT SHALL BE NO LESS THAN ONE AND FORTY-EIGHT ONE-HUNDREDTHS
    23  (1.48) AND NO GREATER THAN TWO AND FORTY-THREE ONE-HUNDREDTHS
    24  (2.43).
    25     (5)  AN ADJUSTMENT FOR GEOGRAPHIC PRICE DIFFERENCES
    26  CALCULATED AS FOLLOWS:
    27     (I)  ADD THE AMOUNTS UNDER PARAGRAPHS (1), (2), (3) AND (4).
    28     (II)  MULTIPLY:
    29     (A)  THE SUM UNDER SUBPARAGRAPH (I); BY
    30     (B)  THE SCHOOL DISTRICT'S LOCATION COST METRIC.
    20070H1067B4199                 - 52 -     

     1     (III)  SUBTRACT:
     2     (A)  THE SUM UNDER SUBPARAGRAPH (I); FROM
     3     (B)  THE PRODUCT UNDER SUBPARAGRAPH (II).
     4     (C) (1)  THE DEPARTMENT OF EDUCATION SHALL DETERMINE A STATE
     5  FUNDING TARGET FOR EACH SCHOOL DISTRICT BY CALCULATING THE
     6  PRODUCT OF:
     7     (I)  THE DIFFERENCE BETWEEN THE SCHOOL DISTRICT'S ADEQUACY
     8  TARGET DETERMINED UNDER SUBSECTION (B) AND ITS ACTUAL SPENDING
     9  FOR THE FUNDING YEAR, OR ZERO, WHICHEVER IS GREATER;
    10     (II)  THE SCHOOL DISTRICT'S MARKET VALUE/INCOME AID RATIO FOR
    11  THE SCHOOL YEAR IN WHICH FUNDING OCCURS; AND
    12     (III)  THE LESSER OF ONE (1) AND THE SCHOOL DISTRICT'S
    13  FUNDING YEAR EQUALIZED MILLAGE DIVIDED BY THE EQUALIZED MILLAGE
    14  THAT REPRESENTS THE SEVENTY-FIFTH PERCENTILE OF THE EQUALIZED
    15  MILLAGE OF ALL SCHOOL DISTRICTS IN THE FUNDING YEAR.
    16     (2)  IN FURTHERANCE OF THE GENERAL ASSEMBLY'S LONG-STANDING
    17  COMMITMENT TO PROVIDING ADEQUATE FUNDING THAT WILL ENSURE
    18  EQUITABLE STATE AND LOCAL INVESTMENTS IN PUBLIC EDUCATION AND IN
    19  ORDER TO ENABLE STUDENTS TO ATTAIN APPLICABLE FEDERAL AND STATE
    20  ACADEMIC STANDARDS, IT IS THE GOAL OF THIS COMMONWEALTH TO
    21  REVIEW AND MEET STATE FUNDING TARGETS BY FISCAL YEAR 2013-2014.
    22     (D)  THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT A
    23  BASIC EDUCATION FUNDING ALLOCATION FOR THE 2007-2008 SCHOOL YEAR
    24  WHICH SHALL CONSIST OF THE FOLLOWING:
    25     (1)  AN AMOUNT EQUAL TO THE BASIC EDUCATION FUNDING
    26  ALLOCATION FOR THE 2006-2007 SCHOOL YEAR UNDER SECTIONS
    27  2502.13(M), 2502.47 AND 2504.4(A.3).
    28     (2)  IF A SCHOOL DISTRICT HAS BEEN DECLARED A COMMONWEALTH
    29  PARTNERSHIP SCHOOL DISTRICT UNDER ARTICLE XVII-B, AN AMOUNT
    30  EQUAL TO FOUR MILLION DOLLARS ($4,000,000).
    20070H1067B4199                 - 53 -     

     1     (3) (I)  FOR A SCHOOL DISTRICT WITH 2006-2007 EQUALIZED
     2  MILLAGE THAT IS GREATER THAN OR EQUAL TO 24.7, WHICH REPRESENTS
     3  THE EIGHTIETH PERCENTILE OF THE EQUALIZED MILLAGE OF ALL SCHOOL
     4  DISTRICTS AS OF THE EFFECTIVE DATE OF THIS SECTION, FOR THE
     5  2007-2008 SCHOOL YEAR, SIXTEEN AND SEVENTY-FIVE ONE HUNDREDTHS
     6  PERCENT (16.75%) OF THE STATE FUNDING TARGET DETERMINED UNDER
     7  SUBSECTION (C).
     8     (II)  FOR A SCHOOL DISTRICT WITH 2006-2007 EQUALIZED MILLAGE
     9  THAT IS LESS THAN 24.7, WHICH REPRESENTS THE EIGHTIETH
    10  PERCENTILE OF THE EQUALIZED MILLAGE OF ALL SCHOOL DISTRICTS AS
    11  OF THE EFFECTIVE DATE OF THIS SECTION, FOR THE 2007-2008 SCHOOL
    12  YEAR, TEN PERCENT (10%) OF THE STATE FUNDING TARGET DETERMINED
    13  UNDER SUBSECTION (C).
    14     (E)  THE DEPARTMENT OF EDUCATION SHALL PROVIDE ADDITIONAL
    15  FUNDING FOR THE 2007-2008 SCHOOL YEAR TO ANY SCHOOL DISTRICT
    16  WHERE THE AMOUNT DETERMINED UNDER SUBSECTION (D)(3) PROVIDES AN
    17  AMOUNT LESS THAN THREE PERCENT (3%) OF THE AMOUNT DETERMINED
    18  UNDER SUBSECTION (D)(1). THE AMOUNT OF ADDITIONAL FUNDING SHALL
    19  BE THE AMOUNT REQUIRED SO THAT THE SUM OF SUBSECTION (D)(3) AND
    20  THIS SUBSECTION EQUALS THREE PERCENT (3%) OF THE AMOUNT PROVIDED
    21  UNDER SUBSECTION (D)(1).
    22     SECTION 2502.49.  ACCOUNTABILITY TO COMMONWEALTH TAXPAYERS.--
    23  (A)  IN ANY SCHOOL DISTRICT WHERE THE AMOUNT OF BASIC EDUCATION
    24  FUNDING ALLOCATED PURSUANT TO SECTION 2502.48 EXCEEDS THE AMOUNT
    25  OF BASIC EDUCATION FUNDING ALLOCATED TO THE SCHOOL DISTRICT IN
    26  THE PRIOR FISCAL YEAR BY MORE THAN THE INDEX, THE BOARD OF
    27  SCHOOL DIRECTORS SHALL USE ONE HUNDRED PERCENT (100%) OF THE
    28  PORTION OF THE INCREASE THAT EXCEEDS THE INDEX AS FOLLOWS:
    29     (1)  AT LEAST EIGHTY PERCENT (80%) OF SUCH FUNDS SHALL BE
    30  USED TO OFFER ANY OF THE FOLLOWING FOR THE FIRST TIME OR TO
    20070H1067B4199                 - 54 -     

     1  EXPAND ANY OF THE FOLLOWING:
     2     (I)  PROGRAMS THAT INCREASE THE AMOUNT OF STUDENT
     3  INSTRUCTIONAL TIME, WHICH MAY INCLUDE TUTORING, AN EXTENSION OF
     4  THE SCHOOL DAY OR SCHOOL CALENDAR OR INTENSIVE SUPPORT FOR
     5  STUDENTS WHO HAVE LIMITED ENGLISH PROFICIENCY.
     6     (II)  IMPLEMENTATION OF NEW CURRICULA OR COURSE OFFERINGS
     7  THAT INCREASE THE NUMBER OF STUDENTS WHO GRADUATE FROM HIGH
     8  SCHOOL PREPARED FOR COLLEGE AND HIGH-SKILL CAREERS.
     9     (III)  TRAINING OF PROFESSIONAL EMPLOYES IN THE DELIVERY OF A
    10  CURRICULUM THAT INCREASES THE NUMBER OF STUDENTS WHO GRADUATE
    11  FROM HIGH SCHOOL PREPARED FOR COLLEGE AND HIGH-SKILL CAREERS, IN
    12  STRATEGIES FOR ADDRESSING THE LEARNING NEEDS OF STUDENTS AT RISK
    13  OF ACADEMIC FAILURE OR NEEDING REMEDIATION OR IN STRATEGIES TO
    14  ENSURE THAT STUDENTS STAY IN SCHOOL UNTIL GRADUATION AND
    15  SUCCESSFULLY TRANSITION TO POSTSECONDARY EDUCATION OR THE WORK
    16  FORCE.
    17     (IV)  REDUCTION OF CLASS SIZE.
    18     (V)  PREKINDERGARTEN OR FULL-DAY KINDERGARTEN.
    19     (VI)  INCENTIVES FOR THE MOST EFFECTIVE HIGHLY QUALIFIED
    20  TEACHERS AND PRINCIPALS TO WORK IN A SCHOOL IDENTIFIED FOR
    21  IMPROVEMENT OR CORRECTIVE ACTION.
    22     (VII)  SCHOOL LIBRARY SERVICES, WHICH MAY INCLUDE THE
    23  EMPLOYMENT OF SCHOOL LIBRARIANS OR ADDITIONAL SCHOOL LIBRARY
    24  STAFF, OR THE PURCHASE OF PRINTED OR ELECTRONIC MATERIALS OR
    25  OTHER RESOURCES FOR THE SCHOOL LIBRARY COLLECTION.
    26     (2)  NO MORE THAN TEN PERCENT (10%) OF SUCH FUNDS MAY BE USED
    27  TO MAINTAIN EXISTING PROGRAMS THAT MEET THE CRITERIA OF
    28  PARAGRAPH (1) OR FOR ONE-TIME COSTS NECESSARY TO THE DELIVERY OF
    29  INSTRUCTION THAT SHALL INCLUDE BOOKS, MATERIALS OR OTHER
    30  SUPPLIES.
    20070H1067B4199                 - 55 -     

     1     (3)  NO MORE THAN TEN PERCENT (10%) OF SUCH FUNDS MAY BE USED
     2  FOR OTHER PROGRAMS OR ACTIVITIES THAT ARE ESSENTIAL TO ACHIEVING
     3  OR MAINTAINING ACADEMIC PERFORMANCE TARGETS AND THAT ARE BASED
     4  ON SOUND RESEARCH OR FOR ONE-TIME COSTS NECESSARY TO THE
     5  DELIVERY OF INSTRUCTION THAT SHALL INCLUDE BOOKS, MATERIALS OR
     6  OTHER SUPPLIES.
     7     (B)  THE FOLLOWING SHALL APPLY:
     8     (1)  A SCHOOL DISTRICT SUBJECT TO THIS SECTION SHALL SUBMIT A
     9  PLAN TO THE DEPARTMENT OF EDUCATION NO LATER THAN AUGUST 1,
    10  2008, AND NO LATER THAN APRIL 15 OF EACH YEAR THEREAFTER,
    11  DETAILING ITS INTENDED USE OF FUNDS SUBJECT TO THIS SECTION IN
    12  THE SUBSEQUENT FISCAL YEAR. IF A GENERAL APPROPRIATION BILL THAT
    13  INCLUDES BASIC EDUCATION FUNDING FOR THE APPLICABLE FISCAL YEAR
    14  HAS NOT BEEN ENACTED PRIOR TO THE DEADLINE, A SCHOOL DISTRICT
    15  SHALL BASE ITS PLAN ON THE AMOUNT OF BASIC EDUCATION FUNDING
    16  PROPOSED IN AN EXECUTIVE BUDGET AND POSTED ON THE DEPARTMENT'S
    17  INTERNET WEBSITE.
    18     (2)  THE DEPARTMENT SHALL REVIEW ALL PLANS AND MAY PROVIDE
    19  RECOMMENDATIONS TO SCHOOL DISTRICTS WITHIN FORTY-FIVE (45) DAYS
    20  OF RECEIPT OF THE PLAN.
    21     (3)  WITHIN NINETY (90) DAYS OF RECEIPT OF A PLAN SUBMITTED
    22  BY A SCHOOL DISTRICT IDENTIFIED FOR WARNING, IMPROVEMENT OR
    23  CORRECTIVE ACTION OR A SCHOOL DISTRICT WITH ONE OR MORE SCHOOLS
    24  IDENTIFIED FOR IMPROVEMENT OR CORRECTIVE ACTION, THE DEPARTMENT
    25  SHALL APPROVE OR DISAPPROVE THE PLAN. THE DEPARTMENT SHALL
    26  PROVIDE A WRITTEN EXPLANATION TO THE BOARD OF SCHOOL DIRECTORS
    27  OF ANY SCHOOL DISTRICT WHOSE PLAN IS DISAPPROVED.
    28     (4)  A SCHOOL DISTRICT WHOSE PLAN HAS BEEN DISAPPROVED SHALL
    29  AMEND AND RESUBMIT ITS PLAN AS NECESSARY UNTIL APPROVED BY THE
    30  DEPARTMENT.
    20070H1067B4199                 - 56 -     

     1     (C)  THE DEPARTMENT SHALL APPROVE ANY SCHOOL DISTRICT
     2  ACHIEVEMENT PLAN THAT:
     3     (1)  MEETS THE REQUIREMENTS OF THIS SECTION;
     4     (2)  ADDRESSES THE ACADEMIC CHALLENGES IDENTIFIED IN THE
     5  SCHOOL DISTRICT'S MOST RECENT STUDENT ACHIEVEMENT RESULTS, WITH
     6  SPECIFIC FOCUS ON INDIVIDUAL SCHOOLS, GRADE LEVELS AND
     7  POPULATIONS OF STUDENTS THAT DEMONSTRATE INADEQUATE LEVELS OF
     8  STUDENT ACHIEVEMENT; AND
     9     (3)  IN THE DETERMINATION OF THE DEPARTMENT, DESCRIBES
    10  PROGRAMS AND STRATEGIES THAT ARE MOST LIKELY TO IMPROVE STUDENT
    11  ACHIEVEMENT IN THE SCHOOL DISTRICT.
    12     (D)  FOR ANY SCHOOL DISTRICT WHERE APPROVAL OF A PLAN IS
    13  REQUIRED PURSUANT TO SUBSECTION (B), AND NOTWITHSTANDING ANY
    14  OTHER PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT SHALL
    15  WITHHOLD THE PORTION OF THE INCREASE IN BASIC EDUCATION FUNDING
    16  WHICH EXCEEDS THE INDEX UNTIL SUCH A TIME AS A PLAN IS APPROVED.
    17     (E)  THE DEPARTMENT OF EDUCATION SHALL:
    18     (1)  PROVIDE TECHNICAL ASSISTANCE TO ANY SCHOOL DISTRICT UPON
    19  REQUEST FOR THE DEVELOPMENT OF A PLAN PURSUANT TO THIS SECTION.
    20     (2)  DETERMINE THE FORM AND MANNER IN WHICH SCHOOL DISTRICTS
    21  SHALL SUBMIT A PLAN PURSUANT TO THIS SECTION.
    22     (3)  REVIEW ALL PLANS SUBMITTED TO THE DEPARTMENT AND APPROVE
    23  OR DISAPPROVE PLANS AS REQUIRED PURSUANT TO THIS SECTION.
    24     (F)  NOTHING IN THIS SECTION SHALL SUPERSEDE OR PREEMPT ANY
    25  PROVISIONS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN A SCHOOL
    26  ENTITY AND AN EMPLOYE ORGANIZATION IN EFFECT ON THE EFFECTIVE
    27  DATE OF THIS SECTION.
    28     SECTION 31.  SECTIONS 2509.1 AND 2509.5 OF THE ACT ARE
    29  AMENDED BY ADDING SUBSECTIONS TO READ:
    30     SECTION 2509.1.  PAYMENTS TO INTERMEDIATE UNITS.--* * *
    20070H1067B4199                 - 57 -     

     1     (B.16)  UP TO ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
     2  ($11,500,000) MAY BE UTILIZED FOR PROGRAMS ADMINISTERED AND
     3  OPERATED BY INTERMEDIATE UNITS DURING THE 2008-2009 SCHOOL YEAR
     4  FOR INSTITUTIONALIZED CHILDREN AS ESTABLISHED IN SUBSECTION
     5  (B.1).
     6     * * *
     7     SECTION 2509.5.  SPECIAL EDUCATION PAYMENTS TO SCHOOL
     8  DISTRICTS.--* * *
     9     (ZZ)  (1)  DURING THE 2008-2009 SCHOOL YEAR, EACH SCHOOL
    10  DISTRICT SHALL BE PAID THE AMOUNT IT RECEIVED DURING THE 2007-
    11  2008 SCHOOL YEAR UNDER SUBSECTIONS (VV), (WW), (XX) AND (YY).
    12     (2)  DURING THE 2008-2009 SCHOOL YEAR, TWENTY-SEVEN MILLION
    13  EIGHT HUNDRED FOUR THOUSAND FOURTEEN DOLLARS ($27,804,014) OF
    14  THE FUNDS APPROPRIATED TO THE DEPARTMENT OF EDUCATION FOR
    15  SPECIAL EDUCATION SHALL BE USED TO PROVIDE SUPPLEMENTAL FUNDING
    16  FOR SPECIAL EDUCATION TO ALL SCHOOL DISTRICTS. EACH SCHOOL
    17  DISTRICT SHALL RECEIVE A FUNDING SUPPLEMENT CALCULATED AS
    18  FOLLOWS:
    19     (I)  MULTIPLY EACH SCHOOL DISTRICT'S 2008-2009 MARKET
    20  VALUE/INCOME AID RATIO BY SIXTEEN PERCENT (16%) OF ITS 2007-2008
    21  AVERAGE DAILY MEMBERSHIP;
    22     (II)  MULTIPLY THE PRODUCT FROM SUBPARAGRAPH (I) BY TWENTY-
    23  SIX MILLION SEVEN HUNDRED THOUSAND AND SIX DOLLARS
    24  ($26,700,006); AND
    25     (III)  DIVIDE THE RESULTANT PRODUCT FROM SUBPARAGRAPH (II) BY
    26  THE SUM OF THE PRODUCTS OF THE 2008-2009 MARKET VALUE/INCOME AID
    27  RATIO MULTIPLIED BY SIXTEEN PERCENT (16%) OF THE 2007-2008
    28  AVERAGE DAILY MEMBERSHIP FOR ALL SCHOOL DISTRICTS.
    29     (3)  EACH SCHOOL DISTRICT SHALL RECEIVE AN INFLATION INDEX
    30  SUPPLEMENT AS NECESSARY SO THAT THE AMOUNTS UNDER PARAGRAPH (2)
    20070H1067B4199                 - 58 -     

     1  AND THIS PARAGRAPH EQUAL FOUR AND FOUR TENTHS PERCENT (4.4%)
     2  MULTIPLIED BY EACH SCHOOL DISTRICT'S 2008-2009 MARKET
     3  VALUE/INCOME AID RATIO OF THE AMOUNT IN PARAGRAPH (1).
     4     (4)  EACH SCHOOL DISTRICT FOR WHICH THE SUM OF THE
     5  SUPPLEMENTS UNDER PARAGRAPHS (2) AND (3) PROVIDES AN AMOUNT LESS
     6  THAN TWO PERCENT (2%) OF THE AMOUNT PROVIDED UNDER PARAGRAPH (1)
     7  SHALL RECEIVE ADDITIONAL FUNDING AS NECESSARY SO THAT THE SUM OF
     8  THE AMOUNTS PROVIDED UNDER PARAGRAPHS (2) AND (3) AND THIS
     9  PARAGRAPH EQUALS TWO PERCENT (2%) OF THE AMOUNT PROVIDED UNDER
    10  PARAGRAPH (1).
    11     (5)  FOR THE 2008-2009 FISCAL YEAR, IF INSUFFICIENT FUNDS ARE
    12  APPROPRIATED TO MAKE COMMONWEALTH PAYMENTS PURSUANT TO
    13  PARAGRAPHS (2), (3) AND (4), SUCH PAYMENTS SHALL BE MADE ON A
    14  PRO RATA BASIS. THE AMOUNTS PRO RATED SHALL BE THE SUM OF THE
    15  PAYMENTS MADE UNDER PARAGRAPHS (2), (3) AND (4).
    16     SECTION 32.  SECTION 2591.1 OF THE ACT, AMENDED DECEMBER 23,
    17  2003 (P.L.304, NO.48) AND JULY 20, 2007 (P.L.278, NO.45), IS
    18  AMENDED TO READ:
    19     SECTION 2591.1.  COMMONWEALTH REIMBURSEMENTS FOR CHARTER
    20  SCHOOLS AND CYBER CHARTER SCHOOLS.--(A)  FOR THE 2001-2002
    21  SCHOOL YEAR, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT
    22  WITH RESIDENT STUDENTS ENROLLED IN A CHARTER SCHOOL, A CHARTER
    23  SCHOOL APPROVED UNDER SECTION 1717-A OR 1718-A WHICH PROVIDES
    24  INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC MEANS OR A
    25  CYBER CHARTER SCHOOL AS DEFINED PURSUANT TO ARTICLE XVII-A AN
    26  AMOUNT EQUAL TO THIRTY PERCENT (30%) OF THE TOTAL FUNDING
    27  REQUIRED UNDER SECTION 1725-A(A). IF INSUFFICIENT FUNDS ARE
    28  APPROPRIATED TO MAKE COMMONWEALTH REIMBURSEMENTS UNDER THIS
    29  SECTION, THE REIMBURSEMENTS SHALL BE MADE ON A PRO RATA BASIS.
    30     (B)  FOR THE 2002-2003 SCHOOL YEAR, THE COMMONWEALTH SHALL
    20070H1067B4199                 - 59 -     

     1  PAY TO EACH SCHOOL DISTRICT THAT RECEIVED FUNDING UNDER
     2  SUBSECTION (A) FOR THE 2001-2002 SCHOOL YEAR AND THAT HAD
     3  RESIDENT STUDENTS ENROLLED IN A CHARTER SCHOOL, A CHARTER SCHOOL
     4  APPROVED UNDER SECTION 1717-A OR 1718-A WHICH PROVIDES
     5  INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC MEANS OR A
     6  CYBER CHARTER SCHOOL AS DEFINED UNDER ARTICLE XVII-A DURING THE
     7  2002-2003 SCHOOL YEAR AN AMOUNT EQUAL TO THE LESSER OF:
     8     (1)  THE PAYMENT RECEIVED FOR THE 2001-2002 SCHOOL YEAR
     9  PURSUANT TO SUBSECTION (A); OR
    10     (2)  THIRTY PERCENT (30%) OF THE TOTAL FUNDING REQUIRED UNDER
    11  SECTION 1725-A(A).
    12     (C)  FOR THE 2002-2003 SCHOOL YEAR, THE COMMONWEALTH SHALL
    13  PAY TO EACH SCHOOL DISTRICT THAT DID NOT RECEIVE FUNDING UNDER
    14  SUBSECTION (A) FOR THE 2001-2002 SCHOOL YEAR AND THAT HAD
    15  RESIDENT STUDENTS ENROLLED IN A CHARTER SCHOOL, A CHARTER SCHOOL
    16  APPROVED UNDER SECTION 1717-A OR 1718-A WHICH PROVIDES
    17  INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC MEANS OR A
    18  CYBER CHARTER SCHOOL AS DEFINED UNDER ARTICLE XVII-A DURING THE
    19  2002-2003 SCHOOL YEAR AN AMOUNT EQUAL TO THIRTY PERCENT (30%) OF
    20  THE TOTAL FUNDING REQUIRED UNDER SECTION 1725-A(A).
    21     (C.1)  (1)  FOR THE 2003-2004 SCHOOL YEAR AND EACH SCHOOL
    22  YEAR THEREAFTER, EXCEPT [FOR THE 2006-2007 SCHOOL YEAR] AS
    23  PROVIDED UNDER PARAGRAPH (2) OR (3), THE COMMONWEALTH SHALL PAY
    24  TO EACH SCHOOL DISTRICT WITH RESIDENT STUDENTS ENROLLED DURING
    25  THE IMMEDIATELY PRECEDING SCHOOL YEAR IN A CHARTER SCHOOL, A
    26  CHARTER SCHOOL APPROVED UNDER SECTION 1717-A OR 1718-A WHICH
    27  PROVIDES INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC
    28  MEANS OR A CYBER CHARTER SCHOOL AS DEFINED UNDER ARTICLE XVII-A,
    29  AN AMOUNT EQUAL TO THIRTY PERCENT (30%) OF THE TOTAL FUNDING
    30  REQUIRED UNDER SECTION 1725-A(A).
    20070H1067B4199                 - 60 -     

     1     (2)  FOR THE 2006-2007 SCHOOL YEAR, THE PAYMENT REQUIRED
     2  UNDER THIS SUBSECTION SHALL BE EQUAL TO THIRTY-TWO AND FORTY-
     3  FIVE HUNDREDTHS PERCENT (32.45%) OF THE AMOUNT REQUIRED UNDER
     4  SECTION 1725-A(A), WHERE THE SCHOOL DISTRICT HAS:
     5     (I)  AVERAGE DAILY MEMBERSHIP OF RESIDENT STUDENTS ENROLLED
     6  IN A CHARTER SCHOOL, A CHARTER SCHOOL APPROVED UNDER SECTION
     7  1717-A OR 1718-A WHICH PROVIDES INSTRUCTION THROUGH THE INTERNET
     8  OR OTHER ELECTRONIC MEANS OR A CYBER CHARTER SCHOOL AS DEFINED
     9  UNDER ARTICLE XVII-A EQUAL TO OR GREATER THAN TWELVE PERCENT
    10  (12%) OF THE SCHOOL DISTRICT'S 2006-2007 AVERAGE DAILY
    11  MEMBERSHIP;
    12     (II)  A 2007-2008 MARKET VALUE/INCOME AID RATIO OF EQUAL TO
    13  OR GREATER THAN SIX THOUSAND TEN THOUSANDTHS (.6000); AND
    14     (III)  MADE PAYMENTS EQUAL TO OR GREATER THAN ONE MILLION
    15  DOLLARS ($1,000,000) AS REQUIRED UNDER SECTION 1725-A(A).
    16     (3)  FOR THE 2007-2008 SCHOOL YEAR AND EACH SCHOOL YEAR
    17  THEREAFTER, THE PAYMENT REQUIRED UNDER THIS SUBSECTION SHALL BE
    18  EQUAL TO FORTY-ONE AND NINETY-SIX HUNDREDTHS PER CENTUM (41.96%)
    19  OF THE AMOUNT REQUIRED UNDER SECTION 1725-A(A), WHERE THE SCHOOL
    20  DISTRICT HAS:
    21     (I)  2007-2008 AVERAGE DAILY MEMBERSHIP OF RESIDENT STUDENTS
    22  ENROLLED IN A CHARTER SCHOOL, A CHARTER SCHOOL APPROVED UNDER
    23  SECTION 1717-A OR 1718-A WHICH PROVIDES INSTRUCTION THROUGH THE
    24  INTERNET OR OTHER ELECTRONIC MEANS OR A CYBER CHARTER SCHOOL AS
    25  DEFINED UNDER ARTICLE XVII-A EQUAL TO OR GREATER THAN TWELVE PER
    26  CENTUM (12%) OF THE SCHOOL DISTRICT'S 2007-2008 AVERAGE DAILY
    27  MEMBERSHIP;
    28     (II)  A 2008-2009 MARKET VALUE/INCOME AID RATIO OF EQUAL TO
    29  OR GREATER THAN SIX THOUSAND TEN THOUSANDTHS (.6000); AND
    30     (III)  MADE PAYMENTS EQUAL TO OR GREATER THAN ONE MILLION
    20070H1067B4199                 - 61 -     

     1  DOLLARS ($1,000,000) AS REQUIRED UNDER SECTION 1725-A(A).
     2     (D)  (1)  FOR THE FISCAL YEAR 2003-2004 AND EACH FISCAL YEAR
     3  THEREAFTER, IF INSUFFICIENT FUNDS ARE APPROPRIATED TO MAKE
     4  COMMONWEALTH PAYMENTS PURSUANT TO THIS SECTION, SUCH PAYMENTS
     5  SHALL BE MADE ON A PRO RATA BASIS.
     6     (2)  FOR FISCAL YEAR 2007-2008, WHEN DETERMINING IF
     7  SUFFICIENT FUNDS ARE AVAILABLE, THE DEPARTMENT OF EDUCATION
     8  SHALL INCLUDE IN THE CALCULATION TWO MILLION DOLLARS
     9  ($2,000,000) IN ADDITION TO THE FUNDS APPROPRIATED TO THE
    10  DEPARTMENT OF EDUCATION FOR THIS PURPOSE.
    11     SECTION 33.  SECTION 2599.2(B) AND (F) OF THE ACT, ADDED
    12  DECEMBER 23, 2003 (P.L.304, NO.48), ARE AMENDED, SUBSECTION (E)
    13  IS AMENDED BY ADDING A PARAGRAPH AND THE SECTION IS AMENDED BY
    14  ADDING A SUBSECTION TO READ:
    15     SECTION 2599.2.  PENNSYLVANIA ACCOUNTABILITY GRANTS.--* * *
    16     (B)  THE GRANT SHALL BE USED BY A SCHOOL DISTRICT TO ATTAIN
    17  OR MAINTAIN ACADEMIC PERFORMANCE TARGETS. FUNDS OBTAINED UNDER
    18  THIS SECTION MAY BE USED FOR ANY OF THE FOLLOWING:
    19     (1)  ESTABLISHING, MAINTAINING OR EXPANDING A QUALITY PRE-
    20  KINDERGARTEN PROGRAM ALIGNED WITH THE CURRENT ACADEMIC STANDARDS
    21  CONTAINED IN 22 PA. CODE CH. 4 (RELATING TO ACADEMIC STANDARDS
    22  AND ASSESSMENT).
    23     (2)  ESTABLISHING, MAINTAINING OR EXPANDING A QUALITY FULL-
    24  DAY KINDERGARTEN PROGRAM ALIGNED WITH THE CURRENT ACADEMIC
    25  STANDARDS CONTAINED IN 22 PA. CODE CH. 4. SUCH PROGRAMS SHALL BE
    26  KEPT OPEN FOR FIVE HOURS EACH DAY FOR THE FULL SCHOOL TERM AS
    27  PROVIDED IN SECTION 1501. THE BOARD OF SCHOOL DIRECTORS OF A
    28  SCHOOL DISTRICT MAY OFFER A FULL-DAY KINDERGARTEN PROGRAM TO
    29  CHILDREN WHO ARE BETWEEN FOUR AND SIX YEARS OLD.
    30     (3)  ESTABLISHING, MAINTAINING OR EXPANDING A CLASS SIZE
    20070H1067B4199                 - 62 -     

     1  REDUCTION PROGRAM. SUCH CLASS SIZE REDUCTION PROGRAM SHALL
     2  APPOINT AND ASSIGN A MINIMUM OF ONE TEACHER FOR EVERY 17
     3  STUDENTS OR TWO TEACHERS FOR EVERY 35 STUDENTS ENROLLED IN A
     4  KINDERGARTEN, FIRST, SECOND OR THIRD GRADE CLASSROOM. ALL
     5  TEACHERS APPOINTED AND ASSIGNED TO TEACH KINDERGARTEN, FIRST,
     6  SECOND OR THIRD GRADE SHALL BE CERTIFIED IN ACCORDANCE WITH 22
     7  PA. CODE CH. 49 (RELATING TO CERTIFICATION OF PROFESSIONAL
     8  PERSONNEL) OR ITS SUCCESSORS. THE DEPARTMENT SHALL ESTABLISH
     9  GUIDELINES TO ASSURE THAT NO SCHOOL DISTRICT SATISFIES THE
    10  REQUIREMENTS OF THIS PARAGRAPH BY MAKING A REDUCTION IN, AND
    11  SUBSEQUENT INCREASE TO, CURRENT TEACHER COMPLEMENT. FOR PURPOSES
    12  OF THIS PARAGRAPH, THE PHRASE "ONE TEACHER FOR EVERY 17 STUDENTS
    13  OR TWO TEACHERS FOR EVERY 35 STUDENTS ENROLLED IN A
    14  KINDERGARTEN, FIRST, SECOND OR THIRD GRADE CLASSROOM" SHALL
    15  REFER TO THE NUMBER OF TEACHERS CONDUCTING A CLASS AT ANY ONE
    16  TIME IN A CLASSROOM CONTAINING THE APPLICABLE NUMBER OF
    17  STUDENTS.
    18     (4)  ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS THAT
    19  PROMOTE THE AVAILABILITY, COORDINATION, INTEGRATION AND
    20  UTILIZATION OF SOCIAL AND HEALTH SERVICES, ASSOCIATED RESOURCES
    21  AND ANCILLARY RESOURCES TO MEET THE NEEDS OF CHILDREN AND
    22  FAMILIES IN ADDRESSING ISSUES THAT MAY SERVE TO LIMIT STUDENT
    23  ACADEMIC ACHIEVEMENT.
    24     (5)  NOTWITHSTANDING THE PROVISIONS OF ARTICLE XV-C,
    25  PROVIDING TUTORING ASSISTANCE DURING THE NORMAL SCHOOL DAY AND
    26  HOURS OF THE SCHOOL DISTRICT, PROVIDED THAT THE TUTORING IS IN
    27  ADDITION TO AND DOES NOT INTERFERE WITH A STUDENT'S REGULARLY
    28  SCHEDULED CLASSROOM INSTRUCTION TIMES AND DOES NOT SUPPLANT
    29  SERVICES REQUIRED IN A STUDENT'S INDIVIDUALIZED EDUCATION
    30  PROGRAM.
    20070H1067B4199                 - 63 -     

     1     (6)  IMPROVING THE ACADEMIC PERFORMANCE OF SUBGROUPS
     2  IDENTIFIED UNDER SECTION 1111(B) OF THE NO CHILD LEFT BEHIND ACT
     3  OF 2001.
     4     (7)  ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS TO
     5  ASSIST IN THE BUILDING OF STRONG SCIENCE AND APPLIED-KNOWLEDGE
     6  SKILLS.
     7     (8)  PROVIDING ADDITIONAL PROGRAMS FOR CONTINUING
     8  PROFESSIONAL EDUCATION THAT MAY INCLUDE ANY OF THE FOLLOWING:
     9  TRAINING IN MATHEMATICS, SCIENCE AND LITERACY-SPECIFIC
    10  CURRICULUM AND INSTRUCTIONAL STRATEGIES; TRAINING IN SCHOOL-WIDE
    11  IMPROVEMENT PLANNING; ANALYSIS OF STUDENT ACHIEVEMENT DATA,
    12  INCLUDING STUDENT WORK AND THE IMPLICATIONS FOR CLASSROOM
    13  PRACTICE; OBSERVING AND STUDYING EXEMPLARY SCHOOL AND CLASSROOM
    14  PRACTICES; IMPLEMENTING SCHOOL-WIDE PROGRAMS AND CLASSROOM
    15  MANAGEMENT STRATEGIES DESIGNED TO IMPROVE STUDENT CONDUCT; USING
    16  TECHNOLOGY TO BOOST STUDENT ACHIEVEMENT; CONDUCTING TRANSITION
    17  PLANNING AND CURRICULUM ALIGNMENT ACROSS SCHOOLS AND GRADE
    18  LEVELS; OR IMPLEMENTING SECONDARY STRATEGIES TO INCREASE STUDENT
    19  ENGAGEMENT AND PERSONALIZE LEARNING.
    20     (9)  ESTABLISHING, EXPANDING OR MAINTAINING MATH AND LITERACY
    21  COACHING PROGRAMS WITHIN SCHOOLS TO IMPROVE MATH AND READING
    22  INSTRUCTION.
    23     (10)  PROVIDING FINANCIAL INCENTIVES TO HIGHLY QUALIFIED,
    24  TENURED TEACHERS TO WORK IN THE MOST ACADEMICALLY CHALLENGED
    25  SCHOOLS IN A SCHOOL DISTRICT OR PROVIDING FINANCIAL INCENTIVES
    26  TO AID IN THE RECRUITMENT OF CERTIFICATED TEACHERS IN
    27  MATHEMATICS, SCIENCE, LANGUAGE ARTS OR ENGLISH AS A SECOND
    28  LANGUAGE TO WORK IN THE MOST ACADEMICALLY CHALLENGED SCHOOLS IN
    29  A SCHOOL DISTRICT.
    30     (10.1)  ESTABLISHING, EXPANDING OR MAINTAINING A CAREER
    20070H1067B4199                 - 64 -     

     1  AWARENESS PROGRAM.
     2     (10.2)  PURCHASING MATERIALS OR EXTENDING SERVICE HOURS FOR
     3  SCHOOL LIBRARIES.
     4     (11)  PROVIDING SUCH OTHER PROGRAMS OR ACTIVITIES THAT THE
     5  BOARD OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT DETERMINES ARE
     6  ESSENTIAL TO ACHIEVING OR MAINTAINING ACADEMIC PERFORMANCE
     7  TARGETS THROUGH THE YEAR 2014.
     8     (12)  ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS FOR
     9  INSTRUCTION ON WORLD LANGUAGES IN THE ELEMENTARY GRADES, EITHER
    10  IN IMMERSION CLASSROOMS OR AS SEPARATE PERIODS OF INSTRUCTION.
    11     (13)  ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS TO
    12  STRENGTHEN HIGH SCHOOL CURRICULA BY CREATING RIGOROUS COLLEGE
    13  AND CAREER PREPARATORY PROGRAMS, INCREASING ACADEMIC
    14  ACHIEVEMENT, OFFERING ADDITIONAL ADVANCED PLACEMENT COURSES,
    15  PROVIDING SCHOOL-BASED COUNSELING AND PROVIDING PROFESSIONAL
    16  DEVELOPMENT.
    17     (14)  ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS TO
    18  PROVIDE INTENSIVE TEACHER TRAINING, PROFESSIONAL DEVELOPMENT
    19  OPPORTUNITIES AND TEACHING RESOURCES TO ELEMENTARY LEVEL SCIENCE
    20  TEACHERS.
    21     * * *
    22     (D.4)  DURING THE 2008-2009 SCHOOL YEAR, THE DEPARTMENT SHALL
    23  PAY TO EACH SCHOOL DISTRICT A PENNSYLVANIA ACCOUNTABILITY GRANT
    24  EQUAL TO THE AMOUNT PAID DURING THE 2007-2008 SCHOOL YEAR UNDER
    25  SUBSECTIONS (D.2) AND (D.3).
    26     (E)  * * *
    27     (7)  FOR THE 2008-2009 FISCAL YEAR, IF INSUFFICIENT FUNDS ARE
    28  APPROPRIATED TO MAKE COMMONWEALTH PAYMENTS PURSUANT TO THIS
    29  SECTION, SUCH PAYMENTS SHALL BE MADE ON A PRO RATA BASIS.
    30     * * *
    20070H1067B4199                 - 65 -     

     1     (F)  AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
     2  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
     3     "APPLIED KNOWLEDGE."  INFORMATION TECHNOLOGY, COMPUTER
     4  EQUIPMENT, EDUCATION SOFTWARE AND RELATED ADVANCED TECHNOLOGIES
     5  NECESSARY TO INCREASE STUDENTS' ACCESS TO WORLDWIDE INFORMATION
     6  AND THEIR EXPERTISE IN THIS REGARD.
     7     "CAREER AWARENESS PROGRAM."  AN EDUCATIONAL PROGRAM THAT
     8  INTRODUCES STUDENTS TO A VARIETY OF CAREER AND VOCATIONAL
     9  OPTIONS AND INCLUDES SUCH ACTIVITIES AS JOB SHADOWING, FIELD
    10  TRIPS AND TOURS, CAREER DAYS OR THE ADMINISTRATION OF CAREER
    11  ASSESSMENT TESTS AND INVENTORIES.
    12     "CAREER DAYS."  SPECIAL EVENTS THAT ALLOW STUDENTS TO MEET
    13  WITH EMPLOYERS, CAREER DEVELOPMENT SPECIALISTS, COMMUNITY-BASED
    14  ORGANIZATION REPRESENTATIVES AND POSTSECONDARY EDUCATORS AND ARE
    15  DESIGNED TO ENCOURAGE STUDENTS TO GAIN INFORMATION ABOUT CAREERS
    16  AND JOB OPPORTUNITIES.
    17     "DEPARTMENT."  THE DEPARTMENT OF EDUCATION OF THE
    18  COMMONWEALTH.
    19     "GRANT."  A PENNSYLVANIA ACCOUNTABILITY GRANT AWARDED UNDER
    20  THIS SECTION.
    21     "HIGHLY QUALIFIED."  A HIGHLY QUALIFIED ELEMENTARY TEACHER OR
    22  A HIGHLY QUALIFIED MIDDLE OR SECONDARY TEACHER AS DEFINED IN 22
    23  PA. CODE § 403.2 (RELATING TO DEFINITIONS).
    24     "JOB SHADOWING."  AS PART OF CAREER EXPLORATION ACTIVITIES IN
    25  LATE MIDDLE AND EARLY HIGH SCHOOL, ACTIVITY OF A STUDENT
    26  FOLLOWING AN EMPLOYE FOR ONE OR MORE DAYS TO LEARN ABOUT A
    27  PARTICULAR OCCUPATION OR INDUSTRY, WHICH ACTIVITY IS INTENDED TO
    28  HELP STUDENTS EXPLORE A RANGE OF CAREER OBJECTIVES AND POSSIBLY
    29  TO SELECT A CAREER PATHWAY.
    30     "SCIENCE."  A CURRICULAR OFFERING IN SUPPORT OF THE SCIENCE
    20070H1067B4199                 - 66 -     

     1  AND TECHNOLOGY CONTENT AREA AS DEFINED IN 22 PA. CODE § 4.12
     2  (RELATING TO ACADEMIC STANDARDS).
     3     SECTION 34.  THIS ACT SHALL APPLY RETROACTIVELY TO JULY 1,
     4  2008.
     5     SECTION 35.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

















    D11L24BIL/20070H1067B4199       - 67 -
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