SENATE AMENDED PRIOR PRINTER'S NOS. 141, 801, 1992, PRINTER'S NO. 2125 2099
No. 113 Session of 2003
INTRODUCED BY HALUSKA, ARGALL, BARD, BEBKO-JONES, BELARDI, BELFANTI, BROWNE, BUNT, CAUSER, CAWLEY, CORRIGAN, COY, CRAHALLA, CREIGHTON, DALEY, DeLUCA, DeWEESE, EACHUS, D. EVANS, FAIRCHILD, FLEAGLE, FREEMAN, GEIST, GEORGE, GRUCELA, HARHAI, HENNESSEY, HORSEY, HUTCHINSON, KIRKLAND, KOTIK, LAUGHLIN, LEACH, LEDERER, MACKERETH, MANN, MARKOSEK, McGEEHAN, McILHATTAN, MELIO, S. MILLER, NAILOR, PALLONE, PETRONE, PICKETT, PISTELLA, PRESTON, READSHAW, RUFFING, SAINATO, SATHER, SAYLOR, SCRIMENTI, SEMMEL, SOLOBAY, STABACK, STERN, TANGRETTI, E. Z. TAYLOR, THOMAS, TIGUE, WANSACZ, WASHINGTON, WOJNAROSKI, YOUNGBLOOD, SURRA, HARPER, REICHLEY AND HABAY, FEBRUARY 6, 2003
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 23, 2003
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," providing for firefighter and <-- 6 emergency service training as creditable high school courses. 7 REQUIRING SCHOOL DISTRICTS TO REOPEN THEIR 2003-2004 BUDGETS; <-- 8 IMPOSING LIMITATIONS ON CERTAIN UNRESERVED FUND BALANCES; 9 FURTHER PROVIDING FOR AUXILIARY SERVICE AND; DELETING <-- 10 PROVISIONS RELATING TO PROFESSIONAL TEACHER ASSESSMENT; 11 FURTHER PROVIDING FOR COST OF TUITION AND MAINTENANCE OF 12 CERTAIN EXCEPTIONAL CHILDREN IN APPROVED PRIVATE SCHOOLS; 13 PROVIDING FOR FIREFIGHTER AND EMERGENCY SERVICE TRAINING; 14 FURTHER PROVIDING FOR EDUCATION SUPPORT SERVICES PROGRAM, FOR 15 EDUCATION EMPOWERMENT DISTRICTS, FOR MANDATE WAIVER PROGRAM 16 AND FOR SCHOOL IMPROVEMENT GRANTS; FURTHER DEFINING 17 "EDUCATIONAL IMPROVEMENT ORGANIZATION" AND "SCHOLARSHIP 18 ORGANIZATION"; FURTHER PROVIDING FOR PAYMENTS ON ACCOUNT OF 19 PUPILS ENROLLED IN VOCATIONAL CURRICULUMS AND FOR SMALL 20 DISTRICT ASSISTANCE; PROVIDING FOR BASIC EDUCATION FUNDING 21 FOR 2002-2003 SCHOOL YEAR; FURTHER PROVIDING FOR PAYMENTS TO 22 INTERMEDIATE UNITS, FOR SPECIAL EDUCATION PAYMENTS TO SCHOOL
1 DISTRICTS AND FOR COMMONWEALTH REIMBURSEMENTS FOR CHARTER 2 SCHOOLS AND CYBER CHARTER SCHOOLS; AND MAKING APPROPRIATIONS, 3 REPEALS AND AN EDITORIAL CHANGE. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. The act of March 10, 1949 (P.L.30, No.14), known <-- 7 as the Public School Code of 1949, is amended by adding a 8 section to read: 9 Section 1550. Firefighter and Emergency Service Training.-- <-- 10 (a) Firefighter and emergency service training may be added to <-- 11 high school curricula (A) BEGINNING WITH THE 2003-2004 SCHOOL <-- 12 YEAR AND EACH SCHOOL YEAR THEREAFTER, A SCHOOL DISTRICT MAY 13 OFFER FIREFIGHTER AND EMERGENCY SERVICE TRAINING as credit- 14 earning courses. 15 (b) The SUCH courses may be made available only to students <-- 16 sixteen (16) years of age or older and may include: 17 (1) Training as a firefighter I from the National Board of 18 Professional Qualifications. 19 (2) Training as an emergency medical technician by the 20 Department of Health under the act of July 3, 1985 (P.L.164, 21 No.45), known as the "Emergency Medical Services Act." 22 (c) Any person who provides training under this section and 23 who has direct contact with students receiving training shall be 24 subject to the provisions of section 111. 25 (d) If the school district adds A SCHOOL DISTRICT THAT <-- 26 OFFERS firefighter and emergency service training as credit- 27 earning courses, the school district shall provide <-- 28 transportation and supervision for TO AND SUPERVISION DURING ANY <-- 29 firefighter and emergency service training PROGRAM that takes <-- 30 place off school grounds. Supervision of training shall be 31 conducted as a cooperative education program in accordance with 20030H0113B2125 - 2 -
1 the provisions of 22 Pa. Code § 11.28 (relating to out-of-school 2 programs) or any regulation promulgated subsequently to replace <-- 3 that section. ITS SUCCESSORS. <-- 4 Section 2. This act shall take effect in 60 days. 5 SECTION 1. SECTION 687 OF THE ACT OF MARCH 10, 1949 (P.L.30, <-- 6 NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY 7 ADDING A SUBSECTION TO READ: 8 SECTION 687. ANNUAL BUDGET; ADDITIONAL OR INCREASED 9 APPROPRIATIONS; TRANSFER OF FUNDS.--* * * 10 (J) (1) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ACT, 11 THE BOARD OF SCHOOL DIRECTORS OF EACH SCHOOL DISTRICT IS 12 REQUIRED TO AND SHALL REOPEN ITS 2003-2004 BUDGET DURING THE 13 MONTH OF JULY 2003 TO REFLECT ANY INCREASED STATE ALLOCATIONS 14 UNDER SECTIONS 2502.13 AND 2502.41 FOR FISCAL YEAR 2003-2004 15 PROVIDED BY THE GENERAL ASSEMBLY THROUGH THIS ACT AND TO COMPLY 16 WITH SECTION 688. 17 (2) IN THOSE SCHOOL DISTRICTS WHICH LEVY TAXES AND WHERE THE 18 INCREASED STATE ALLOCATIONS EXCEED THE STATE REVENUE FIGURES 19 UTILIZED BY THE SCHOOL DISTRICT AT THE TIME OF ADOPTION OF ITS 20 ORIGINAL FISCAL YEAR 2003-2004 BUDGET, THE BOARD OF SCHOOL 21 DIRECTORS SHALL FIRST USE THE INCREASE IN STATE ALLOCATIONS TO 22 DO ANY OF THE FOLLOWING: 23 (I) OFFSET THE INCREASE IN THE EMPLOYER CONTRIBUTION RATE ON 24 BEHALF OF ACTIVE MEMBERS OF THE PUBLIC SCHOOL EMPLOYEES' 25 RETIREMENT SYSTEM AS CALCULATED UNDER 24 PA.C.S. § 8328 26 (RELATING TO ACTUARIAL COST METHOD). SUCH AMOUNT SHALL SUPPLANT 27 ANY OTHER SCHOOL DISTRICT REVENUES ALLOCATED FOR THIS PURPOSE; 28 (II) ABATE ANY LOCAL TAXES WHICH WERE LEVIED AT THE TIME OF 29 ORIGINAL BUDGET ADOPTION. SUCH TAX ABATEMENTS SHALL OCCUR WITHIN 30 SIXTY (60) DAYS OF THE REOPENING OF THE SCHOOL DISTRICT'S BUDGET 20030H0113B2125 - 3 -
1 AND MAY TAKE THE FORM OF TAX REDUCTIONS, REBATES OR CREDITS; 2 (III) REDUCE OR RETIRE ANY OUTSTANDING INDEBTEDNESS OF THE 3 SCHOOL DISTRICT; OR 4 (IV) RESTORE FUNDING TO ANY EDUCATIONAL PROGRAMS WHICH WERE 5 REDUCED OR ELIMINATED FOR THE 2003-2004 SCHOOL YEAR. 6 (3) UNDER NO CIRCUMSTANCES SHALL ANY INCREASED STATE 7 ALLOCATIONS BE USED TO INCREASE A SCHOOL DISTRICT'S RESERVED OR 8 UNRESERVED FUND BALANCES. 9 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 10 SECTION 688. LIMITATIONS ON CERTAIN UNRESERVED FUND 11 BALANCES.--(A) FOR THE 2003-2004 SCHOOL YEAR AND EACH SCHOOL 12 YEAR THEREAFTER, NO SCHOOL DISTRICT SHALL APPROVE AN INCREASE IN 13 REAL PROPERTY TAXES UNLESS IT HAS ADOPTED A BUDGET OR A REOPENED 14 BUDGET PURSUANT TO SECTION 687 THAT INCLUDES AN ESTIMATED, 15 ENDING UNRESERVED UNDESIGNATED FUND BALANCE IN ACCORDANCE WITH 16 THE LIMITATIONS SET FORTH AS FOLLOWS: 17 SCHOOL DISTRICT ESTIMATED, ENDING UNRESERVED UNDESIGNATED 18 TOTAL BUDGETED FUND BALANCE AS PERCENTAGE OF 19 EXPENDITURES TOTAL BUDGETED EXPENDITURES 20 LESS THAN OR EQUAL TO $11,999,999 12% 21 BETWEEN $12,000,000 AND $12,999,999 11.5% 22 BETWEEN $13,000,000 AND $13,999,999 11% 23 BETWEEN $14,000,000 AND $14,999,999 10.5% 24 BETWEEN $15,000,000 AND $15,999,999 10% 25 BETWEEN $16,000,000 AND $16,999,999 9.5% 26 BETWEEN $17,000,000 AND $17,999,999 9% 27 BETWEEN $18,000,000 AND $18,999,999 8.5% 28 GREATER THAN OR EQUAL TO $19,000,000 8% 29 (B) BY AUGUST 15, 2003, AND EACH YEAR THEREAFTER, EACH 30 SCHOOL DISTRICT THAT APPROVES AN INCREASE IN REAL PROPERTY TAXES 20030H0113B2125 - 4 -
1 SHALL PROVIDE THE DEPARTMENT OF EDUCATION WITH INFORMATION 2 CERTIFYING COMPLIANCE WITH THIS SECTION. SUCH INFORMATION SHALL 3 BE PROVIDED IN A FORM AND MANNER PRESCRIBED BY THE DEPARTMENT OF 4 EDUCATION AND SHALL INCLUDE INFORMATION ON THE SCHOOL DISTRICT'S 5 ESTIMATED, ENDING UNRESERVED UNDESIGNATED FUND BALANCE EXPRESSED 6 AS A DOLLAR AMOUNT AND AS A PERCENTAGE OF THE SCHOOL DISTRICT'S 7 TOTAL BUDGETED EXPENDITURES FOR THAT SCHOOL YEAR. 8 (C) AS USED IN THIS SECTION, "ESTIMATED, ENDING UNRESERVED 9 UNDESIGNATED FUND BALANCE" SHALL MEAN THAT PORTION OF THE FUND 10 BALANCE, WHICH IS APPROPRIABLE FOR EXPENDITURE OR NOT LEGALLY OR 11 OTHERWISE SEGREGATED FOR A SPECIFIC OR TENTATIVE FUTURE USE, 12 PROJECTED FOR THE CLOSE OF THE SCHOOL YEAR FOR WHICH A SCHOOL 13 DISTRICT'S BUDGET WAS ADOPTED AND HELD IN THE GENERAL FUND 14 ACCOUNTS OF THE SCHOOL DISTRICT. 15 SECTION 3. SECTION 922.1-A OF THE ACT, AMENDED OR ADDED 16 AUGUST 1, 1975 (P.L.180, NO.89), APRIL 24, 1977 (P.L.199, 17 NO.59), OCTOBER 10, 1980 (P.L.924, NO.159) AND MAY 10, 2000 18 (P.L.44, NO.16), IS REENACTED TO READ: 19 SECTION 922.1-A. AUXILIARY SERVICES.--(A) LEGISLATIVE 20 FINDING; DECLARATION OF POLICY. THE WELFARE OF THE COMMONWEALTH 21 REQUIRES THAT THE PRESENT AND FUTURE GENERATION OF SCHOOL AGE 22 CHILDREN BE ASSURED AMPLE OPPORTUNITY TO DEVELOP TO THE FULLEST, 23 THEIR INTELLECTUAL CAPACITIES. IT IS THE INTENT OF THE GENERAL 24 ASSEMBLY BY THIS ENACTMENT TO ENSURE THAT THE INTERMEDIATE UNITS 25 IN THE COMMONWEALTH SHALL FURNISH ON AN EQUAL BASIS AUXILIARY 26 SERVICES TO ALL PUPILS IN THE COMMONWEALTH IN BOTH PUBLIC AND 27 NONPROFIT NONPUBLIC SCHOOLS. 28 (B) DEFINITIONS. THE FOLLOWING TERMS, WHENEVER USED OR 29 REFERRED TO IN THIS SECTION, SHALL HAVE THE FOLLOWING MEANINGS, 30 EXCEPT IN THOSE CIRCUMSTANCES WHERE THE CONTEXT CLEARLY 20030H0113B2125 - 5 -
1 INDICATES OTHERWISE: 2 "AUXILIARY SERVICES" MEANS GUIDANCE, COUNSELING AND TESTING 3 SERVICES; PSYCHOLOGICAL SERVICES; VISUAL SERVICES AS DEFINED IN 4 SECTION 923.2-A; SERVICES FOR EXCEPTIONAL CHILDREN; REMEDIAL 5 SERVICES; SPEECH AND HEARING SERVICES; SERVICES FOR THE 6 IMPROVEMENT OF THE EDUCATIONALLY DISADVANTAGED (SUCH AS, BUT NOT 7 LIMITED TO, THE TEACHING OF ENGLISH AS A SECOND LANGUAGE), AND 8 SUCH OTHER SECULAR, NEUTRAL, NONIDEOLOGICAL SERVICES AS ARE OF 9 BENEFIT TO ALL SCHOOL CHILDREN AND ARE PRESENTLY OR HEREAFTER 10 PROVIDED FOR PUBLIC SCHOOL CHILDREN OF THE COMMONWEALTH. 11 "NONPUBLIC SCHOOL" MEANS NONPROFIT SCHOOL, OTHER THAN A 12 PUBLIC SCHOOL WITHIN THE COMMONWEALTH OF PENNSYLVANIA, WHEREIN A 13 RESIDENT OF THE COMMONWEALTH MAY LEGALLY FULFILL THE COMPULSORY 14 SCHOOL ATTENDANCE REQUIREMENTS OF THIS ACT AND WHICH MEET THE 15 REQUIREMENTS OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 16 (PUB.L.88-352; 42 U.S.C. SECTION 2000 ET SEQ). 17 (C) PROGRAM OF AUXILIARY SERVICES. STUDENTS ATTENDING 18 NONPUBLIC SCHOOLS SHALL BE FURNISHED A PROGRAM OF AUXILIARY 19 SERVICES WHICH ARE PROVIDED TO PUBLIC SCHOOL STUDENTS IN THE 20 SCHOOL DISTRICT IN WHICH THEIR NONPUBLIC SCHOOL IS LOCATED. THE 21 PROGRAM OF AUXILIARY SERVICES SHALL BE PROVIDED BY THE 22 INTERMEDIATE UNIT IN WHICH THE NONPUBLIC SCHOOL IS LOCATED, IN 23 ACCORDANCE WITH STANDARDS OF THE SECRETARY OF EDUCATION. BEFORE 24 AN INTERMEDIATE UNIT MAKES ANY DECISION THAT AFFECTS THE 25 OPPORTUNITIES FOR CHILDREN ATTENDING NONPUBLIC SCHOOLS TO 26 PARTICIPATE IN THE AUXILIARY SERVICES PROVIDED UNDER THIS 27 SECTION, THE INTERMEDIATE UNIT SHALL CONSULT WITH SUCH NONPUBLIC 28 SCHOOLS TO DETERMINE AT A MINIMUM: WHICH GENERAL CATEGORIES OF 29 CHILDREN SHALL RECEIVE SERVICES; WHAT SERVICES SHALL BE 30 PROVIDED; HOW AND WHERE THE SERVICES SHALL BE PROVIDED; AND HOW 20030H0113B2125 - 6 -
1 THE SERVICES SHALL BE EVALUATED. SUCH SERVICES SHALL BE PROVIDED 2 DIRECTLY TO THE NONPUBLIC SCHOOL STUDENTS BY THE INTERMEDIATE 3 UNIT IN THE SCHOOLS WHICH THE STUDENTS ATTEND, IN MOBILE 4 INSTRUCTIONAL UNITS LOCATED ON THE GROUNDS OF SUCH SCHOOLS OR IN 5 ANY ALTERNATIVE SETTING MUTUALLY AGREED UPON BY THE SCHOOL AND 6 THE INTERMEDIATE UNIT, TO THE EXTENT PERMITTED BY THE 7 CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE 8 COMMONWEALTH OF PENNSYLVANIA. 9 SUCH AUXILIARY SERVICES SHALL BE PROVIDED DIRECTLY BY THE 10 INTERMEDIATE UNITS AND NO AUXILIARY SERVICES PRESENTLY PROVIDED 11 TO PUBLIC SCHOOL STUDENTS BY THE INTERMEDIATE UNITS AND/OR 12 SCHOOL DISTRICTS BY MEANS OF STATE OR LOCAL REVENUES, DURING THE 13 SCHOOL YEAR 1974-1975, SHALL BE ELIMINATED. NO SCHOOL DISTRICTS 14 SHALL BE REQUIRED, PURSUANT TO ANY SECTION OF THIS ACT, TO OFFER 15 AUXILIARY SERVICES PROVIDED BY ANY OTHER SCHOOL DISTRICTS WITHIN 16 SUCH INTERMEDIATE UNITS. 17 (D) ALLOCATIONS. IN JULY OF 1977 AND ANNUALLY THEREAFTER IN 18 JULY, THE SECRETARY OF EDUCATION SHALL ALLOCATE TO EACH 19 INTERMEDIATE UNIT AN AMOUNT EQUAL TO THE NUMBER OF NONPUBLIC 20 SCHOOL STUDENTS AS OF OCTOBER 1 OF THE PRECEDING SCHOOL YEAR WHO 21 ARE ENROLLED IN NONPUBLIC SCHOOLS WITHIN THE INTERMEDIATE UNIT 22 TIMES SEVENTY-TWO DOLLARS ($72). THE SECRETARY OF EDUCATION 23 SHALL INCREASE THIS FIGURE ON A PROPORTIONATE BASIS WHENEVER 24 THERE IS AN INCREASE IN THE MEDIAN ACTUAL INSTRUCTION EXPENSE 25 PER WADM AS DEFINED IN CLAUSE (12.1) OF SECTION 2501 OF THIS 26 ACT. THE COMMONWEALTH SHALL PAY TO EACH INTERMEDIATE UNIT 27 FIFTEEN PER CENTUM (15%) OF ITS ALLOCATION ON AUGUST 1, SEVENTY- 28 FIVE PER CENTUM (75%) ON OCTOBER 1, AND THE REMAINING TEN PER 29 CENTUM (10%) ON THE FIRST DAY OF FEBRUARY. 30 (E) LIMITATIONS. THE INTERMEDIATE UNIT SHALL NOT USE MORE 20030H0113B2125 - 7 -
1 THAN SIX PER CENTUM (6%) OF THE FUNDS IT RECEIVES FOR 2 ADMINISTRATION OR EIGHTEEN PER CENTUM (18%) FOR RENTAL OF 3 FACILITIES. THE DEPARTMENT OF EDUCATION SHALL NOT USE MORE THAN 4 ONE PER CENTUM (1%) OF THE FUNDS IT ALLOCATES UNDER THIS SECTION 5 FOR ADMINISTRATIVE EXPENSES. IF ALL FUNDS ALLOCATED BY THE 6 INTERMEDIATE UNITS TO ADMINISTRATION, OR RENTAL FACILITIES ARE 7 NOT EXPENDED FOR THOSE PURPOSES, SUCH FUNDS MAY BE USED FOR THE 8 PROGRAM COSTS. 9 (F) INTEREST. THERE SHALL BE NO ADJUSTMENT IN THE ALLOCATION 10 AS PROVIDED IN SUBSECTION (D) BECAUSE OF INTEREST EARNED ON THE 11 ALLOCATIONS BY THE INTERMEDIATE UNITS. INTEREST SO EARNED SHALL 12 BE USED FOR THE PURPOSE OF THIS SECTION BUT SHALL NOT BE SUBJECT 13 TO THE LIMITATIONS OF SUBSECTION (E). 14 (G) PRELIMINARY BUDGET. ANNUALLY, EACH INTERMEDIATE UNIT 15 SHALL SUBMIT TO THE SECRETARY A PRELIMINARY BUDGET ON OR BEFORE 16 JANUARY 31 AND A FINAL BUDGET ON OR BEFORE JUNE 15, FOR THE 17 SUCCEEDING YEAR; AND SHALL FILE A FINAL FINANCIAL REPORT ON OR 18 BEFORE OCTOBER 31 FOR THE PRECEDING YEAR. 19 SECTION 3.1. ARTICLE XII-A OF THE ACT IS REPEALED. <-- 20 SECTION 4. SECTION 1376 OF THE ACT, AMENDED JUNE 7, 1993 21 (P.L.49, NO.16), JUNE 30, 1995 (P.L.220, NO.26) AND JUNE 22, 22 2001 (P.L.530, NO.35), IS AMENDED TO READ: 23 SECTION 1376. COST OF TUITION AND MAINTENANCE OF CERTAIN 24 EXCEPTIONAL CHILDREN IN APPROVED INSTITUTIONS.--(A) WHEN ANY 25 CHILD BETWEEN SCHOOL ENTRY AGE AND TWENTY-ONE (21) YEARS OF AGE 26 AND RESIDENT IN THIS COMMONWEALTH, WHO IS BLIND OR DEAF, OR HAS 27 CEREBRAL PALSY AND/OR NEUROLOGICAL IMPAIRMENT AND/OR MUSCULAR 28 DYSTROPHY AND/OR IS MENTALLY RETARDED AND/OR HAS A SERIOUS 29 EMOTIONAL DISTURBANCE AND/OR HAS AUTISM/PERVASIVE DEVELOPMENTAL 30 DISORDER AND IS ENROLLED, WITH THE APPROVAL OF THE DEPARTMENT OF 20030H0113B2125 - 8 -
1 EDUCATION, AS A PUPIL IN AN APPROVED PRIVATE SCHOOL APPROVED BY 2 THE DEPARTMENT OF EDUCATION, IN ACCORDANCE WITH STANDARDS AND 3 REGULATIONS PROMULGATED BY THE STATE BOARD OF EDUCATION, THE 4 SCHOOL DISTRICT IN WHICH SUCH CHILD IS RESIDENT OR, FOR STUDENTS 5 PLACED BY A CHARTER SCHOOL, THE CHARTER SCHOOL IN WHICH THE 6 STUDENT WAS ENROLLED SHALL PAY THE GREATER OF EITHER TWENTY PER 7 CENTUM (20%) OF THE ACTUAL AUDITED COST OF TUITION AND 8 MAINTENANCE OF SUCH CHILD IN SUCH SCHOOL, AS DETERMINED BY THE 9 DEPARTMENT OF EDUCATION, OR ITS "TUITION CHARGE PER ELEMENTARY 10 PUPIL" OR ITS "TUITION CHARGE PER HIGH SCHOOL PUPIL," AS 11 CALCULATED PURSUANT TO SECTION 2561, AND THE COMMONWEALTH SHALL 12 PAY, OUT OF FUNDS APPROPRIATED TO THE DEPARTMENT FOR SPECIAL 13 EDUCATION, THE BALANCE DUE FOR THE COSTS OF SUCH CHILD'S TUITION 14 AND MAINTENANCE, AS DETERMINED BY THE DEPARTMENT. FOR THE SCHOOL 15 YEARS 1989-1990, 1990-1991 AND 1991-1992, THE SCHOOL DISTRICT 16 PAYMENT SHALL BE NO GREATER THAN FORTY PERCENT (40%) OF THE 17 ACTUAL AUDITED COSTS OF TUITION AND MAINTENANCE OF SUCH CHILD IN 18 SUCH SCHOOL. FOR THE 1992-1993 SCHOOL YEAR AND EACH SCHOOL YEAR 19 THEREAFTER, THE SCHOOL DISTRICT OR CHARTER SCHOOL PAYMENT SHALL 20 BE THE GREATER OF FORTY PERCENT (40%) OF THE ACTUAL AUDITED 21 COSTS OF TUITION AND MAINTENANCE OF SUCH CHILD IN SUCH SCHOOL, 22 AS DETERMINED BY THE DEPARTMENT OF EDUCATION, OR ITS "TUITION 23 CHARGE PER ELEMENTARY PUPIL" OR ITS "TUITION CHARGE PER HIGH 24 SCHOOL PUPIL," AS CALCULATED PURSUANT TO SECTION 2561, AND THE 25 COMMONWEALTH SHALL PAY, OUT OF FUNDS APPROPRIATED TO THE 26 DEPARTMENT FOR APPROVED PRIVATE SCHOOLS, THE BALANCE DUE FOR THE 27 COSTS OF SUCH CHILD'S TUITION AND MAINTENANCE, AS DETERMINED BY 28 THE DEPARTMENT. THE DEPARTMENT WILL CREDIT THE DISTRICT OF 29 RESIDENCE WITH AVERAGE DAILY MEMBERSHIP FOR SUCH CHILD 30 CONSISTENT WITH THE RULES OF PROCEDURE DEVELOPED IN ACCORDANCE 20030H0113B2125 - 9 -
1 WITH SECTION 2501. IF THE RESIDENCE OF SUCH CHILD IN A 2 PARTICULAR SCHOOL DISTRICT CANNOT BE DETERMINED, THE 3 COMMONWEALTH SHALL PAY, OUT OF MONEYS APPROPRIATED TO THE 4 DEPARTMENT FOR SPECIAL EDUCATION, THE WHOLE COST OF TUITION AND 5 MAINTENANCE OF SUCH CHILD. [THE DEPARTMENT OF EDUCATION SHALL BE 6 PROVIDED WITH SUCH FINANCIAL DATA FROM APPROVED PRIVATE SCHOOLS 7 AS MAY BE NECESSARY TO DETERMINE THE REASONABLENESS OF COSTS FOR 8 TUITION AND ROOM AND BOARD CONCERNING PENNSYLVANIA RESIDENT 9 APPROVED REIMBURSED STUDENTS. THE DEPARTMENT OF EDUCATION SHALL 10 EVALUATE SUCH DATA AND SHALL DISALLOW ANY COST DEEMED 11 UNREASONABLE. ANY COSTS DEEMED UNREASONABLE BY THE DEPARTMENT OF 12 EDUCATION FOR DISALLOWANCE SHALL BE CONSIDERED AN ADJUDICATION 13 WITHIN THE MEANING OF TITLE 2 OF THE PA.C.S. (RELATING TO 14 ADMINISTRATIVE LAW AND PROCEDURE) AND REGULATIONS PROMULGATED 15 THEREUNDER.] 16 (B) WHEN ANY PERSON LESS THAN SCHOOL ENTRY AGE OR MORE THAN 17 TWENTY-ONE (21) YEARS OF AGE AND RESIDENT IN THIS COMMONWEALTH, 18 WHO IS BLIND OR DEAF, OR HAS CEREBRAL PALSY AND/OR HAS 19 NEUROLOGICAL IMPAIRMENT AND/OR HAS MUSCULAR DYSTROPHY, OR HAS 20 AUTISM/PERVASIVE DEVELOPMENTAL DELAY, AND IS ENROLLED, WITH THE 21 APPROVAL OF THE DEPARTMENT OF EDUCATION, AS A PUPIL IN AN 22 APPROVED PRIVATE SCHOOL APPROVED BY THE DEPARTMENT OF EDUCATION, 23 THE COMMONWEALTH SHALL PAY TO SUCH SCHOOL, OUT OF MONEYS 24 APPROPRIATED TO THE DEPARTMENT FOR SPECIAL EDUCATION, THE ACTUAL 25 AUDITED COST OF TUITION AND MAINTENANCE OF SUCH PERSON, AS 26 DETERMINED BY THE DEPARTMENT OF EDUCATION, SUBJECT TO REVIEW AND 27 APPROVAL IN ACCORDANCE WITH STANDARDS AND REGULATIONS 28 PROMULGATED BY THE STATE BOARD OF EDUCATION IN ACCORDANCE WITH 29 SUBSECTION (B.1), AND IN ADDITION, IN THE CASE OF ANY CHILD LESS 30 THAN SCHOOL ENTRY AGE, WHO IS BLIND, THE COST, AS DETERMINED BY 20030H0113B2125 - 10 -
1 THE DEPARTMENT OF EDUCATION OF INSTRUCTING THE PARENT OF SUCH 2 BLIND CHILD IN CARING FOR SUCH CHILD. 3 (B.1) FOR THE 2004-2005 SCHOOL YEAR AND EACH SCHOOL YEAR 4 THEREAFTER, AN APPROVED PRIVATE SCHOOL SHALL SUBMIT TO THE 5 DEPARTMENT OF EDUCATION ITS BUDGETED COSTS FOR THE UPCOMING 6 SCHOOL YEAR. BASED UPON THIS INFORMATION AND THE PRIOR YEAR'S 7 SETTLED AUDIT, THE DEPARTMENT OF EDUCATION SHALL DEVELOP AN 8 INTERIM REIMBURSEMENT RATE FOR THE APPROVED PRIVATE SCHOOL. THE 9 DEPARTMENT OF EDUCATION SHALL PROVIDE THE APPROVED PRIVATE 10 SCHOOL WITH MONTHLY PAYMENTS IN ADVANCE OF THE FINAL COST 11 SETTLEMENT AS PROVIDED FOR IN SUBSECTION (C.2). THE DEPARTMENT 12 OF EDUCATION SHALL ADOPT FINAL REIMBURSEMENT RATES BASED ON THE 13 FINAL COST SETTLEMENT. THE DEPARTMENT OF EDUCATION MAY WITHHOLD 14 A PORTION OF SUCH PAYMENTS NOT EXCEEDING FIVE PERCENT (5%) OF 15 SUCH PAYMENT, PENDING FINAL COST SETTLEMENT. IN NO EVENT SHALL 16 EITHER THE PAYMENTS MADE IN ADVANCE OF THE FINAL COST SETTLEMENT 17 OR FINAL REIMBURSEMENTS BASED ON THE FINAL COST SETTLEMENT MADE 18 BY THE DEPARTMENT OF EDUCATION EXCEED THE APPROPRIATION 19 AVAILABLE FOR APPROVED PRIVATE SCHOOLS. 20 [(C) EACH APPROVED PRIVATE SCHOOL, PRIOR TO THE START OF THE 21 SCHOOL YEAR, SHALL SUBMIT TO THE DEPARTMENT SUCH INFORMATION AS 22 THE DEPARTMENT MAY REQUIRE IN ORDER TO ESTABLISH AN ESTIMATE OF 23 REIMBURSABLE COSTS. BASED UPON THIS INFORMATION, ANY OTHER DATA 24 DEEMED NECESSARY BY THE DEPARTMENT AND IN ACCORDANCE WITH 25 DEPARTMENT STANDARDS, THE DEPARTMENT SHALL DEVELOP FOR EACH 26 APPROVED PRIVATE SCHOOL AN ESTIMATE OF REIMBURSABLE COSTS. BASED 27 UPON SUCH ESTIMATE, THE DEPARTMENT SHALL PROVIDE EACH APPROVED 28 PRIVATE SCHOOL WITH MONTHLY PAYMENTS IN ADVANCE OF DEPARTMENT 29 AUDIT. THE DEPARTMENT MAY WITHHOLD A PORTION OF SUCH PAYMENTS 30 NOT EXCEEDING FIVE PERCENT (5%) OF SUCH PAYMENT, PENDING FINAL 20030H0113B2125 - 11 -
1 AUDIT. IN NO EVENT SHALL EITHER THE ADVANCE PAYMENTS OR FINAL 2 REIMBURSEMENT MADE BY THE DEPARTMENT FOLLOWING AUDIT EXCEED THE 3 APPROPRIATION AVAILABLE FOR APPROVED PRIVATE SCHOOLS.] 4 (C.1) ANY FUNDS REMAINING FROM THE APPROPRIATION LINE ITEMS 5 "FOR SPECIAL EDUCATION - APPROVED PRIVATE SCHOOLS" OR FOR 6 PENNSYLVANIA CHARTER SCHOOLS FOR THE DEAF AND BLIND FROM THE 7 GENERAL APPROPRIATIONS ACTS FOR FISCAL YEARS 1978-1979 AND EACH 8 FISCAL YEAR THEREAFTER SHALL BE TRANSFERRED BY THE STATE 9 TREASURER INTO A RESTRICTED ACCOUNT (CONTINUING APPROPRIATION) 10 FOR AUDIT RESOLUTION WHICH IS HEREBY ESTABLISHED. THE DEPARTMENT 11 OF EDUCATION SHALL ALSO DEPOSIT INTO THIS RESTRICTED ACCOUNT ANY 12 FUNDS RETURNED TO OR RECOVERED BY THE DEPARTMENT FROM APPROVED 13 PRIVATE SCHOOLS OR CHARTERED SCHOOLS FOR OVERPAYMENTS DURING 14 FISCAL YEARS 1978-1979 AND EACH FISCAL YEAR THEREAFTER. THE 15 FUNDS IN THE RESTRICTED ACCOUNT ARE HEREBY APPROPRIATED UPON 16 APPROVAL OF THE GOVERNOR TO THE DEPARTMENT OF EDUCATION FOR 17 PAYMENTS TO APPROVED PRIVATE SCHOOLS FOR AUDIT RESOLUTIONS FOR 18 FISCAL YEARS 1978-1979 AND EACH FISCAL YEAR THEREAFTER. FUNDS IN 19 THIS RESTRICTED ACCOUNT SHALL NOT BE SUBJECT TO THE LIMITATIONS 20 IN SUBSECTION [(C)] (B.1) WHICH PROHIBIT ADVANCE PAYMENTS AND 21 FINAL REIMBURSEMENT FROM EXCEEDING THE APPROPRIATION AVAILABLE 22 FOR APPROVED PRIVATE SCHOOLS. DURING THE 1995-1996 FISCAL YEAR 23 AND DURING EACH FISCAL YEAR THEREAFTER, THE DEPARTMENT OF 24 EDUCATION SHALL REVIEW THE ACTIVITY IN THE RESTRICTED ACCOUNT 25 AND MAY RECOMMEND THAT THE GOVERNOR AUTHORIZE THE LAPSING INTO 26 THE GENERAL FUND OF ANY FUNDS THAT ARE ESTIMATED NOT TO BE 27 NEEDED FOR AUDIT RESOLUTION. 28 (C.2) THE DEPARTMENT OF EDUCATION SHALL ESTABLISH PROCEDURES 29 AND AUDIT STANDARDS TO GOVERN THE SCOPE OF REPORTABLE COSTS, THE 30 METHODS USED TO EXAMINE COSTS AND DETERMINE ALLOWABILITY AND 20030H0113B2125 - 12 -
1 TIMELINESS OF COST REPORTING. FOR THE 2004-2005 SCHOOL YEAR AND 2 EACH SCHOOL YEAR THEREAFTER, COST REPORTS SHALL BE PREPARED BY 3 AN APPROVED PRIVATE SCHOOL AND AUDITED BY THE APPROVED PRIVATE 4 SCHOOL'S INDEPENDENT PUBLIC ACCOUNTANT. SUCH COST REPORTS SHALL 5 BE PREPARED IN ACCORDANCE WITH ESTABLISHED PROCEDURES AND AUDIT 6 STANDARDS AND DELIVERED TO THE DEPARTMENT OF EDUCATION WITHIN 7 SIX (6) MONTHS AFTER THE CONCLUSION OF THE SCHOOL YEAR. THE 8 DEPARTMENT OF EDUCATION SHALL HAVE SIX (6) MONTHS TO PROCESS 9 THESE COST REPORTS AND SETTLE ANY OUTSTANDING PAYMENTS DUE TO OR 10 FROM THE APPROVED PRIVATE SCHOOL. NOTHING IN THIS SUBSECTION 11 SHALL BE CONSTRUED TO PRECLUDE THE DEPARTMENT OF EDUCATION FROM 12 CONDUCTING ITS OWN AUDITS ON A PERIODIC BASIS. WHERE THE 13 DEPARTMENT OF EDUCATION CONDUCTS SUCH AUDITS, THE AUDITS MUST BE 14 COMPLETED WITHIN ONE (1) YEAR OF THE COST REPORT DEADLINE AND 15 MAY NOT DELAY THE ALLOWABLE PERIOD FOR SETTLEMENT OF ANY 16 PAYMENTS DUE TO OR FROM THE APPROVED PRIVATE SCHOOL. AUDITS OF 17 COST REPORTS SUBMITTED FOR SCHOOL YEARS PRIOR TO THE 2004-2005 18 SCHOOL YEAR SHALL BE COMPLETED IN A MANNER CONSISTENT WITH PRIOR 19 AUDIT PRACTICES. 20 (D) NO PRIVATE INSTITUTION RECEIVING PAYMENT IN ACCORDANCE 21 WITH THIS SECTION SHALL IMPOSE ANY CHARGE ON THE STUDENT AND/OR 22 PARENTS WHO ARE PENNSYLVANIA APPROVED REIMBURSABLE RESIDENTS FOR 23 A PROGRAM OF INDIVIDUALIZED INSTRUCTION AND MAINTENANCE 24 APPROPRIATE TO THE CHILD'S NEEDS; EXCEPT THAT CHARGES FOR 25 SERVICES NOT PART OF SUCH PROGRAM MAY BE MADE IF AGREED TO BY 26 THE PARENTS. 27 [(E) (1) THE EDUCATION COMMITTEES OF THE SENATE AND HOUSE 28 OF REPRESENTATIVES ARE DIRECTED TO JOINTLY EXAMINE THE ISSUES OF 29 THE FUNDING OF APPROVED PRIVATE SCHOOLS AND SPECIAL EDUCATION 30 STUDENTS' ACCESS TO APPROVED PRIVATE SCHOOLS AS PART OF THE FULL 20030H0113B2125 - 13 -
1 CONTINUUM OF SPECIAL EDUCATION PLACEMENTS. THE COMMITTEES' 2 EXAMINATION SHOULD ADDRESS, AT A MINIMUM, THE FOLLOWING ISSUES: 3 (I) THE FUNDING METHODOLOGY WHICH SUPPORTS THE SCHOOL 4 DISTRICT'S RESPONSIBILITY FOR INDIVIDUALIZED, APPROPRIATE 5 EDUCATIONAL SERVICES TO SPECIAL EDUCATION STUDENTS THROUGH 6 ACCESS TO THE MOST COMPREHENSIVE CONTINUUM OF EDUCATIONAL 7 OPTIONS AND SETTINGS. 8 (II) THE ROLE OF THE APPROVED PRIVATE SCHOOL IN THE MANDATED 9 CONTINUUM OF SPECIAL EDUCATION SERVICES AVAILABLE TO STUDENTS IN 10 PENNSYLVANIA. 11 (III) THE RELATIVE ROLES OF THE DEPARTMENT OF EDUCATION AND 12 SCHOOL DISTRICTS TO ENSURE FREE APPROPRIATE PUBLIC EDUCATION 13 (FAPE) THROUGH ADEQUATE FUNDING AND APPROPRIATE DISTRIBUTION OF 14 COMPREHENSIVE SERVICES. 15 (IV) THE PROVISIONS OF THE INDIVIDUALS WITH DISABILITIES 16 EDUCATION ACT (IDEA) (P.L.101-476), THE CORDERO COURT ORDERS, 17 THIS ACT AND 22 PA. CODE CHS. 14 AND 342 AS THEY RELATE TO THE 18 PROVISION OF PROGRAMS AND SERVICES TO SPECIAL EDUCATION STUDENTS 19 SHOULD BE CAREFULLY REVIEWED AS THEY PERTAIN TO APPROVED PRIVATE 20 SCHOOLS, CONTINUUM OF PLACEMENT OPTIONS, FUNDING, FAPE AND OTHER 21 PERTINENT ISSUES. 22 (2) THE COMMITTEES SHALL REPORT BACK TO THE GENERAL ASSEMBLY 23 BY NOVEMBER 15, 1993, WITH LEGISLATIVE AND/OR ADMINISTRATIVE 24 RECOMMENDATIONS. THE COMMITTEES MAY HOLD SUCH MEETINGS AND 25 HEARINGS AS THEY DEEM APPROPRIATE TO ACCOMPLISH THE PROVISIONS 26 OF THIS SUBSECTION.] 27 SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 28 SECTION 1550. FIREFIGHTER AND EMERGENCY SERVICE TRAINING.-- 29 (A) BEGINNING WITH THE 2003-2004 SCHOOL YEAR AND EACH SCHOOL 30 YEAR THEREAFTER, A SCHOOL DISTRICT MAY OFFER FIREFIGHTER AND 20030H0113B2125 - 14 -
1 EMERGENCY SERVICE TRAINING AS CREDIT-EARNING COURSES TO STUDENTS 2 OF THE AGE OF SIXTEEN (16) YEARS OR OLDER. SUCH COURSES MAY 3 INCLUDE: 4 (1) TRAINING AS A FIREFIGHTER I FROM THE NATIONAL BOARD ON 5 FIRE SERVICE PROFESSIONAL QUALIFICATIONS. 6 (2) TRAINING AS AN EMERGENCY MEDICAL TECHNICIAN BY THE 7 DEPARTMENT OF HEALTH UNDER THE ACT OF JULY 3, 1985 (P.L.164, 8 NO.45), KNOWN AS THE "EMERGENCY MEDICAL SERVICES ACT." 9 (B) A SCHOOL DISTRICT THAT OFFERS FIREFIGHTER AND EMERGENCY 10 SERVICE TRAINING AS CREDIT-EARNING COURSES SHALL PROVIDE 11 TRANSPORTATION TO AND SUPERVISION DURING ANY FIREFIGHTER AND 12 EMERGENCY SERVICE TRAINING PROGRAM THAT TAKES PLACE OFF SCHOOL 13 GROUNDS. SUPERVISION OF TRAINING SHALL BE CONDUCTED AS A 14 COOPERATIVE EDUCATION PROGRAM IN ACCORDANCE WITH THE PROVISIONS 15 OF 22 PA. CODE § 11.28 (RELATING TO OUT-OF-SCHOOL PROGRAMS). 16 SECTION 6. SECTION 1501-C OF THE ACT, AMENDED JUNE 29, 2002 17 (P.L.524, NO.88), IS REENACTED TO READ: 18 SECTION 1501-C. DEFINITIONS. 19 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE 20 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 21 CONTEXT CLEARLY INDICATES OTHERWISE: 22 "DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE 23 COMMONWEALTH. 24 "ELIGIBLE STUDENT." A RESIDENT OF THIS COMMONWEALTH WHO IS 25 ENROLLED IN THIRD, FOURTH, FIFTH OR SIXTH GRADE IN A SCHOOL 26 ENTITY AND IS DEEMED ELIGIBLE PURSUANT TO SECTION 1502-C(B). 27 "ELIGIBILITY TEST." THE PENNSYLVANIA SYSTEM OF SCHOOL 28 ASSESSMENT OR A COMMERCIALLY PREPARED, STANDARDIZED ACHIEVEMENT 29 TEST APPROVED BY THE DEPARTMENT OF EDUCATION. A LIST OF APPROVED 30 TESTS UNDER THIS ARTICLE SHALL BE PUBLISHED ANNUALLY IN THE 20030H0113B2125 - 15 -
1 PENNSYLVANIA BULLETIN. 2 "GRANT." A GRANT AWARDED TO A GRANT RECIPIENT UNDER THIS 3 ARTICLE. 4 "GRANT RECIPIENT." A RESIDENT OF THIS COMMONWEALTH WHO IS A 5 PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION TO AN ELIGIBLE 6 STUDENT. 7 "PROGRAM." THE EDUCATION SUPPORT SERVICES PROGRAM 8 ESTABLISHED IN SECTION 1502-C. 9 "PROVIDER." A SCHOOL ENTITY, AN INSTITUTION OF HIGHER 10 EDUCATION, A NONPROFIT OR FOR-PROFIT ORGANIZATION OR A CERTIFIED 11 TEACHER EMPLOYED BY A SCHOOL ENTITY, THAT IS APPROVED BY THE 12 DEPARTMENT OF EDUCATION TO PROVIDE EDUCATION SUPPORT SERVICES. 13 "SCHOOL ENTITY." ANY OF THE FOLLOWING LOCATED IN THIS 14 COMMONWEALTH: A SCHOOL DISTRICT, INTERMEDIATE UNIT, JOINT SCHOOL 15 DISTRICT, AREA VOCATIONAL-TECHNICAL SCHOOL, CHARTER SCHOOL, 16 INDEPENDENT SCHOOL, LICENSED PRIVATE ACADEMIC SCHOOL, ACCREDITED 17 SCHOOL, A SCHOOL REGISTERED UNDER SECTION 1327(B), THE SCOTLAND 18 SCHOOL FOR VETERANS' CHILDREN OR THE SCRANTON SCHOOL FOR THE 19 DEAF. 20 SECTION 7. SECTIONS 1502-C, 1503-C AND 1504-C, OF THE ACT, 21 ADDED MAY 17, 2001 (P.L.4, NO.4), ARE REENACTED TO READ: 22 SECTION 1502-C. ESTABLISHMENT OF PROGRAM. 23 (A) ESTABLISHMENT.--THE EDUCATION SUPPORT SERVICES PROGRAM 24 IS ESTABLISHED WITHIN THE DEPARTMENT TO PROVIDE INDIVIDUAL OR 25 SMALL GROUP INSTRUCTION IN READING AND MATHEMATICS TO STRENGTHEN 26 THE SKILLS THAT AN ELIGIBLE STUDENT NEEDS TO ACHIEVE THE 27 STANDARDS IN 22 PA. CODE CH. 4 (RELATING TO ACADEMIC STANDARDS 28 AND ASSESSMENT), WHICH SHALL BE PROVIDED AT A TIME OTHER THAN 29 THE REGULARLY SCHEDULED SCHOOL HOURS. 30 (B) ELIGIBILITY.--THE DEPARTMENT SHALL UTILIZE THE 20030H0113B2125 - 16 -
1 PENNSYLVANIA SYSTEM OF SCHOOL ASSESSMENT TEST OR OTHER TEST 2 RESULTS TO IDENTIFY ELIGIBLE STUDENTS UNDER THIS ARTICLE. SCORES 3 USED TO DETERMINE ELIGIBLE STUDENTS IN EACH GRADE SHALL BE 4 PUBLISHED ANNUALLY IN THE PENNSYLVANIA BULLETIN. 5 (C) APPROVAL.--A PROVIDER MUST BE APPROVED BY THE DEPARTMENT 6 IN ORDER TO PROVIDE EDUCATION SUPPORT SERVICES UNDER THIS 7 ARTICLE. 8 SECTION 1503-C. APPLICATION AND APPROVAL. 9 (A) APPLICATION.--A PROSPECTIVE GRANT RECIPIENT SHALL APPLY 10 ANNUALLY TO THE DEPARTMENT FOR A GRANT TO PURCHASE EDUCATION 11 SUPPORT SERVICES FOR AN ELIGIBLE STUDENT FROM AN APPROVED 12 PROVIDER IN A TIME AND MANNER PRESCRIBED BY THE DEPARTMENT. 13 (B) REQUIRED INFORMATION.--AN APPLICATION SUBMITTED UNDER 14 THIS SECTION SHALL INCLUDE VERIFICATION OF THE ELIGIBILITY TEST 15 RESULTS AND SUCH OTHER INFORMATION AS THE DEPARTMENT MAY 16 REQUIRE. 17 SECTION 1504-C. POWERS AND DUTIES OF THE DEPARTMENT. 18 THE DEPARTMENT SHALL: 19 (1) ESTABLISH CRITERIA TO ANNUALLY IDENTIFY ELIGIBLE 20 STUDENTS IN GRADES THREE, FOUR, FIVE AND SIX TO PARTICIPATE 21 IN THE PROGRAM UNDER SECTION 1502-C. 22 (2) APPROVE PROVIDERS OF EDUCATION SUPPORT SERVICES. 23 (3) ADOPT STANDARDS, PROCEDURES AND GUIDELINES TO BE 24 USED TO APPROVE PROVIDERS OF EDUCATION SUPPORT SERVICES UNDER 25 THIS ARTICLE. 26 (4) AWARD GRANTS TO A GRANT RECIPIENT IN AN AMOUNT NOT 27 TO EXCEED $500 PER FISCAL YEAR FOR EACH ELIGIBLE STUDENT. 28 (5) ESTABLISH MINIMUM QUALIFICATIONS FOR INDIVIDUALS 29 UTILIZED BY PROVIDERS OF EDUCATION SUPPORT SERVICES. 30 (6) ESTABLISH PERIODS DURING WHICH APPLICATIONS WILL BE 20030H0113B2125 - 17 -
1 REVIEWED TO ACCOMMODATE THE DATES WHEN RESULTS OF APPROVED 2 ELIGIBILITY TESTS BECOME AVAILABLE. 3 SECTION 8. SECTION 1505-C OF THE ACT, AMENDED JUNE 29, 2002 4 (P.L.524, NO.88), IS REENACTED TO READ: 5 SECTION 1505-C. PROVIDERS. 6 A PROSPECTIVE PROVIDER SHALL SUBMIT AN APPLICATION TO THE 7 DEPARTMENT FOR APPROVAL TO PROVIDE EDUCATION SUPPORT SERVICES 8 UNDER THIS ARTICLE. THE APPLICATION SHALL INCLUDE A DESCRIPTION 9 OF THE SERVICES TO BE PROVIDED, THE COST OF THE SERVICES, THE 10 QUALIFICATION OF ALL INDIVIDUALS PROVIDING THOSE SERVICES, 11 INCLUDING EVIDENCE OF COMPLIANCE WITH SECTION 111 AND WITH 23 12 PA.C.S. § 6355 (RELATING TO REQUIREMENT), AND SUCH OTHER 13 INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT. 14 SECTION 9. SECTIONS 1506-C, 1507-C, 1508-C, 1509-C, 1510-C 15 AND 1511-C OF THE ACT, ADDED MAY 17, 2001 (P.L.4, NO.4), ARE 16 REENACTED TO READ: 17 SECTION 1506-C. NOTIFICATION OF PROGRAM. 18 A SCHOOL ENTITY IN THIS COMMONWEALTH WITH STUDENTS ENROLLED 19 IN THIRD, FOURTH, FIFTH OR SIXTH GRADE SHALL NOTIFY PARENTS OF 20 THE AVAILABILITY OF EDUCATION SUPPORT SERVICES AT SUCH TIME AS 21 THE PARENTS RECEIVE THE RESULTS OF ANY ELIGIBILITY TEST. 22 SECTION 1507-C. PAYMENT OF GRANTS. 23 (A) CERTIFICATES.--A CERTIFICATE FOR EDUCATION SUPPORT 24 SERVICES UNDER THIS ARTICLE SHALL BE ISSUED BY THE DEPARTMENT IN 25 AN AMOUNT AUTHORIZING UP TO $500 FOR EACH ELIGIBLE STUDENT 26 IDENTIFIED ON THE CERTIFICATE. THE CERTIFICATE SHALL BE ISSUED 27 TO THE GRANT RECIPIENT AND SHALL BE VALID ONLY FOR THE FISCAL 28 YEAR IN WHICH IT IS ISSUED. AFTER RECEIVING THE CERTIFICATE FROM 29 A GRANT RECIPIENT, THE PROVIDER SHALL INCLUDE THE FOLLOWING 30 INFORMATION ON THE CERTIFICATE: NAME OF ELIGIBLE STUDENT SERVED, 20030H0113B2125 - 18 -
1 TYPE OF INSTRUCTION, DATE AND LENGTH OF INSTRUCTION AND COST OF 2 INSTRUCTION PROVIDED TO THE ELIGIBLE STUDENT. WHEN THE AMOUNT OF 3 THE CERTIFICATE HAS BEEN UTILIZED OR WHEN THE ELIGIBLE STUDENT 4 IS NO LONGER RECEIVING EDUCATION SUPPORT SERVICES FROM THE 5 PROVIDER, THE PROVIDER SHALL RETURN THE COMPLETED CERTIFICATE TO 6 THE GRANT RECIPIENT FOR SUBMISSION TO THE DEPARTMENT FOR 7 PAYMENT. THE DEPARTMENT SHALL MAKE PAYMENT DIRECTLY TO THE GRANT 8 RECIPIENT FOR THE AMOUNT DUE. GRANT RECIPIENTS MUST SEND ALL 9 OUTSTANDING CERTIFICATES TO THE DEPARTMENT FOR PAYMENT NO LATER 10 THAN 90 DAYS AFTER RECEIVING THE COMPLETED CERTIFICATE FROM THE 11 PROVIDER. 12 (B) PENALTY FOR GRANT RECIPIENTS.--A GRANT RECIPIENT WHO 13 KNOWINGLY DEFRAUDS THE COMMONWEALTH BY RECEIVING REIMBURSEMENT 14 FOR EDUCATION SUPPORT SERVICES NOT RENDERED TO THE ELIGIBLE 15 STUDENT AND GRANT RECIPIENT IDENTIFIED ON THE CERTIFICATE 16 COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON 17 CONVICTION, BE SENTENCED TO PAY A FINE OF NOT MORE THAN $1,000 18 PER VIOLATION AND SHALL BE DISQUALIFIED FROM ELIGIBILITY FOR AN 19 ADDITIONAL GRANT FOR A PERIOD OF NOT LESS THAN FIVE YEARS. 20 (C) PENALTY FOR PROVIDERS.--A PROVIDER THAT KNOWINGLY 21 VIOLATES SECTION 1509-C OR KNOWINGLY DEFRAUDS THE COMMONWEALTH 22 BY RECEIVING REIMBURSEMENT FOR EDUCATION SUPPORT SERVICES NOT 23 RENDERED TO THE ELIGIBLE STUDENT AND GRANT RECIPIENT IDENTIFIED 24 ON THE CERTIFICATE COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND 25 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT MORE 26 THAN $1,000 PER VIOLATION AND SHALL BE BARRED FROM PARTICIPATION 27 IN THE PROGRAM FOR NOT LESS THAN FIVE YEARS. 28 SECTION 1508-C. LIMITATIONS. 29 (A) AMOUNT.--THE AMOUNT OF GRANTS PROVIDED UNDER THIS 30 ARTICLE IN A FISCAL YEAR SHALL BE LIMITED TO THE FUNDS 20030H0113B2125 - 19 -
1 APPROPRIATED FOR THAT PURPOSE. NO MORE THAN 10% OF THE TOTAL 2 FUNDS APPROPRIATED FOR THIS PROGRAM IN ANY FISCAL YEAR SHALL BE 3 AWARDED TO GRANT RECIPIENTS WITHIN A SPECIFIC SCHOOL DISTRICT 4 EXCEPT THAT, IF THE DEPARTMENT DETERMINES THAT ALL SCHOOL 5 ENTITIES IN THE COMMONWEALTH HAVE HAD AN OPPORTUNITY TO 6 PARTICIPATE IN THE PROGRAM AND THAT FUNDS REMAIN AVAILABLE, IT 7 MAY WAIVE THE 10% LIMITATION UNDER THIS SUBSECTION. 8 (B) AVAILABILITY OF FUNDS.--IN THE EVENT THAT THE FUNDS 9 APPROPRIATED IN ANY FISCAL YEAR ARE INSUFFICIENT TO PROVIDE 10 GRANTS TO ALL GRANT RECIPIENTS, GRANTS SHALL BE AWARDED ON A 11 FIRST-COME, FIRST-SERVED BASIS. THE DEPARTMENT SHALL HOLD A 12 PORTION OF THE FUNDS IN RESERVE TO ENSURE THAT MONEY IS 13 AVAILABLE FOR EACH APPLICATION PERIOD ESTABLISHED UNDER SECTION 14 1504-C(6). 15 SECTION 1509-C. CONFIDENTIALITY. 16 NOTHING IN THIS ARTICLE SHALL AUTHORIZE THE DEPARTMENT, A 17 SCHOOL ENTITY OR A PROVIDER TO RELEASE OR OTHERWISE UTILIZE 18 STUDENT IDENTIFIABLE INFORMATION OR INDIVIDUAL STUDENT TEST 19 SCORES FOR PURPOSES OTHER THAN THE ADMINISTRATION OF THIS 20 ARTICLE. 21 SECTION 1510-C. NONTAXABLE INCOME. 22 A GRANT RECEIVED BY A GRANT RECIPIENT SHALL NOT BE CONSIDERED 23 TO BE TAXABLE INCOME FOR THE PURPOSES OF ARTICLE III OF THE ACT 24 OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 25 1971. 26 SECTION 1511-C. APPLICABILITY. 27 SERVICES PROVIDED UNDER THIS ARTICLE DO NOT CONSTITUTE 28 TUTORING OR INSTRUCTION UNDER THE ACT OF JANUARY 28, 1988 29 (P.L.24, NO.11), KNOWN AS THE PRIVATE ACADEMIC SCHOOLS ACT. 30 SECTION 10. SECTION 1705-B(H)(4) OF THE ACT, AMENDED JUNE 20030H0113B2125 - 20 -
1 29, 2002 (P.L.524, NO.88) AND DECEMBER 9, 2002 (P.L.1472, 2 NO.187), IS AMENDED TO READ: 3 SECTION 1705-B. EDUCATION EMPOWERMENT DISTRICTS.--* * * 4 (H) * * * 5 (4) THE DEPARTMENT MAY UTILIZE UP TO $2,000,000 OF 6 UNDISTRIBUTED FUNDS NOT EXPENDED, ENCUMBERED OR COMMITTED FROM 7 APPROPRIATIONS FOR GRANTS AND SUBSIDIES MADE TO THE DEPARTMENT 8 TO ASSIST SCHOOL DISTRICTS CERTIFIED AS AN EDUCATION EMPOWERMENT 9 DISTRICT UNDER PARAGRAPH (3). THERE IS HEREBY ESTABLISHED A 10 RESTRICTED ACCOUNT FROM WHICH PAYMENTS UNDER THIS PARAGRAPH 11 SHALL BE PAID. FUNDS SHALL BE TRANSFERRED BY THE SECRETARY OF 12 THE BUDGET TO THE RESTRICTED ACCOUNT TO THE EXTENT NECESSARY TO 13 MAKE PAYMENTS UNDER THIS PARAGRAPH. FUNDS IN THE RESTRICTED 14 ACCOUNT ARE HEREBY APPROPRIATED TO CARRY OUT THE PURPOSES OF 15 THIS PARAGRAPH. THE SUBSIDY PAYMENT FROM THIS ACCOUNT SHALL BE 16 UTILIZED TO SUPPLEMENT THE OPERATIONAL BUDGET OF THE ELIGIBLE 17 SCHOOL DISTRICTS. THIS PARAGRAPH SHALL APPLY TO FISCAL YEARS 18 2000-2001, 2001-2002 [AND], 2002-2003 AND 2003-2004 AND SHALL 19 EXPIRE JUNE 30, [2003] 2004. 20 SECTION 11. SECTION 1709-B OF THE ACT, ADDED MAY 10, 2000 21 (P.L.44, NO.16), IS REENACTED TO READ: 22 SECTION 1709-B. SCHOOL IMPROVEMENT GRANTS.--(A) THE 23 DEPARTMENT SHALL ESTABLISH A PROGRAM OF ANNUAL SCHOOL 24 IMPROVEMENT GRANTS FOR SCHOOL DISTRICTS ON THE EDUCATION 25 EMPOWERMENT LIST OR CERTIFIED AS AN EDUCATION EMPOWERMENT 26 DISTRICT TO ASSIST IN THE IMPLEMENTATION OF THEIR SCHOOL 27 DISTRICT IMPROVEMENT PLANS. 28 (B) GRANTS SHALL BE LIMITED TO THE AMOUNT APPROPRIATED FOR 29 THAT PURPOSE. 30 (C) GRANTS SHALL BE PROVIDED ANNUALLY TO THE SCHOOL DISTRICT 20030H0113B2125 - 21 -
1 FOR USE AS DIRECTED BY THE SCHOOL DISTRICT EMPOWERMENT TEAM OR 2 THE BOARD OF CONTROL IN IMPLEMENTING THE SCHOOL DISTRICT 3 IMPROVEMENT PLAN DEVELOPED PURSUANT TO SECTIONS 1703-B AND 1706- 4 B AS FOLLOWS: 5 (1) TO PURCHASE INSTRUCTIONAL MATERIALS, INCLUDING 6 TEXTBOOKS, TECHNOLOGY AND RELATED EDUCATIONAL MATERIALS AND 7 SUPPLIES. 8 (2) TO REDUCE CLASS SIZE IN KINDERGARTEN THROUGH GRADE 9 THREE. 10 (3) TO ESTABLISH AFTER-SCHOOL, SUMMER AND WEEKEND PROGRAMS. 11 (4) TO ESTABLISH OR EXPAND FULL-DAY KINDERGARTEN PROGRAM. 12 (5) TO FUND CURRICULUM DEVELOPMENT. 13 (6) TO FUND ENHANCED STAFF PROFESSIONAL DEVELOPMENT. 14 (7) TO FUND ANY OTHER PROGRAM CONTAINED IN THE SCHOOL 15 DISTRICT IMPROVEMENT PLAN. 16 (D) SUBJECT TO THE REQUIREMENTS OF THIS SECTION, EACH 17 QUALIFYING SCHOOL DISTRICT SHALL RECEIVE A BASE ANNUAL GRANT OF 18 FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000) AND AN ADDITIONAL 19 GRANT OF UP TO SEVENTY-FIVE DOLLARS ($75) PER AVERAGE DAILY 20 MEMBERSHIP FOR THE PRIOR SCHOOL YEAR OF THE SCHOOL DISTRICT. THE 21 SCHOOL DISTRICT OR THE BOARD OF CONTROL SHALL GIVE PRIORITY IN 22 ALLOCATING THE GRANT FUNDING RECEIVED UNDER THIS SECTION TO THE 23 INDIVIDUAL SCHOOLS IDENTIFIED PURSUANT TO SECTIONS 1703-B(B) AND 24 1706-B(B). 25 (E) THE DEPARTMENT SHALL SET FORTH THE SPECIFIC ALLOWABLE 26 USES FOR GRANT FUNDS AND PLACE CONDITIONS, AS NECESSARY, ON THE 27 USE OF GRANT FUNDS. THE DEPARTMENT SHALL ESTABLISH 28 ACCOUNTABILITY PROCEDURES AND AUDITING GUIDELINES TO ENSURE THAT 29 GRANT FUNDS ARE UTILIZED IN ACCORDANCE WITH THE ALLOWABLE USES 30 AND CONDITIONS. 20030H0113B2125 - 22 -
1 (F) A SCHOOL DISTRICT RECEIVING A GRANT UNDER THIS SECTION
2 SHALL BE REQUIRED TO MAINTAIN SEPARATE ACCOUNTS IN THAT SCHOOL
3 DISTRICT'S BUDGET TO FACILITATE MONITORING THE USE OF THESE
4 GRANT FUNDS. IN NO CASE SHALL A SCHOOL DISTRICT USE MORE THAN
5 FIVE PER CENTUM OF THE GRANT FUNDS FOR ADMINISTRATIVE COSTS.
6 (G) THE DEPARTMENT SHALL REDUCE THE AMOUNT OF A STATE
7 SUBSIDY PAYMENT TO A SCHOOL DISTRICT BY THE AMOUNT OF ANY GRANT
8 FUNDS PROVIDED UNDER THIS SECTION IF THE SCHOOL DISTRICT DOES
9 NOT USE THE GRANT FUNDS IN ACCORDANCE WITH THE ALLOWABLE USES
10 AND CONDITIONS SET FORTH BY THE DEPARTMENT.
11 SECTION 12. SECTION 1714-B(G) OF THE ACT, ADDED MAY 10, 2000
12 (P.L.44, NO.16), IS AMENDED TO READ:
13 SECTION 1714-B. MANDATE WAIVER PROGRAM.--* * *
14 (G) THE FOLLOWING PROVISIONS OF THIS ACT SHALL NOT BE
15 SUBJECT TO WAIVER PURSUANT TO THIS SECTION: SECTIONS 108, 110,
16 111, 321, 322, 323, 324, 325, 326, 327, 431, 436, 437, 440.1,
17 443, 510, 513, 518, 527, 687, 688, 701.1, 708, 736, 737, 738,
18 739, 740, 741, 752, 753, 755, 771, 776, 777, 808, 809, 810,
19 1303(A), 1310, 1317, 1317.1, 1317.2, 1318, 1327, 1327.1, 1330,
20 1332, 1361, 1366, 1501, 1502, 1513, 1517, 1518, 1521, 1523, 1546
21 AND 1547; PROVISIONS PROHIBITING DISCRIMINATION; ARTICLES VI,
22 XI, XI-A, XII, XIII-A, XIV AND XVII-A AND THIS ARTICLE.
23 * * *
24 SECTION 13. THE DEFINITION OF "EDUCATIONAL IMPROVEMENT
25 ORGANIZATION" AND "SCHOLARSHIP ORGANIZATION" IN SECTION 2002-B
26 OF THE ACT, ADDED MAY 17, 2001 (P.L.4, NO.4), ARE AMENDED TO
27 READ:
28 SECTION 2002-B. DEFINITIONS.
29 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
30 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
20030H0113B2125 - 23 -
1 CONTEXT CLEARLY INDICATES OTHERWISE: 2 * * * 3 "EDUCATIONAL IMPROVEMENT ORGANIZATION." A NONPROFIT ENTITY 4 WHICH: 5 (1) IS EXEMPT FROM FEDERAL TAXATION UNDER SECTION 6 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 7 99-514, 26 U.S.C. § 1 ET SEQ.); AND 8 (2) CONTRIBUTES AT LEAST 80% OF ITS ANNUAL RECEIPTS AS 9 GRANTS TO A PUBLIC SCHOOL FOR INNOVATIVE EDUCATIONAL 10 PROGRAMS. 11 FOR PURPOSES OF THIS DEFINITION, A NONPROFIT ENTITY 12 "CONTRIBUTES" ITS ANNUAL CASH RECEIPTS WHEN IT EXPENDS OR 13 OTHERWISE IRREVOCABLY ENCUMBERS THOSE FUNDS FOR EXPENDITURE 14 DURING THE THEN CURRENT FISCAL YEAR OF THE NONPROFIT ENTITY OR 15 DURING THE NEXT SUCCEEDING FISCAL YEAR OF THE NONPROFIT ENTITY. 16 * * * 17 "SCHOLARSHIP ORGANIZATION." A NONPROFIT ENTITY WHICH: 18 (1) IS EXEMPT FROM FEDERAL TAXATION UNDER SECTION 19 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 20 99-514, 26 U.S.C. § 1 ET SEQ.); AND 21 (2) CONTRIBUTES AT LEAST 80% OF ITS ANNUAL CASH RECEIPTS 22 TO A SCHOLARSHIP PROGRAM. 23 FOR PURPOSES OF THIS DEFINITION, A NONPROFIT ENTITY 24 "CONTRIBUTES" ITS ANNUAL CASH RECEIPTS TO A SCHOLARSHIP PROGRAM 25 WHEN IT EXPENDS OR OTHERWISE IRREVOCABLY ENCUMBERS THOSE FUNDS 26 FOR DISTRIBUTION DURING THE THEN CURRENT FISCAL YEAR OF THE 27 NONPROFIT ENTITY OR DURING THE NEXT SUCCEEDING FISCAL YEAR OF 28 THE NONPROFIT ENTITY. 29 * * * 30 SECTION 14. SECTION 2502.8 OF THE ACT, AMENDED JUNE 22, 2001 20030H0113B2125 - 24 -
1 (P.L.530, NO. 35), IS REENACTED TO READ: 2 SECTION 2502.8. PAYMENTS ON ACCOUNT OF PUPILS ENROLLED IN 3 VOCATIONAL CURRICULUMS.--(A) FOR THE PURPOSE OF REIMBURSEMENT 4 IN ACCORDANCE WITH THIS SECTION, VOCATIONAL CURRICULUMS ARE 5 AGRICULTURE EDUCATION, DISTRIBUTIVE EDUCATION, HEALTH 6 OCCUPATIONS EDUCATION, HOME ECONOMICS EDUCATION (GAINFUL), 7 BUSINESS EDUCATION, TECHNICAL EDUCATION, TRADE AND INDUSTRIAL 8 EDUCATION, OR ANY OTHER OCCUPATIONAL ORIENTED PROGRAM APPROVED 9 BY THE SECRETARY OF EDUCATION. 10 (B) FOR THE 1981-1982 SCHOOL YEAR THROUGH THE 1984-1985 11 SCHOOL YEAR, EACH SCHOOL DISTRICT SO ENTITLED SHALL BE PAID, IN 12 ADDITION TO ANY OTHER SUBSIDY TO WHICH IT IS ENTITLED, AN AMOUNT 13 ON ACCOUNT OF RESIDENT PUPILS ENROLLED IN VOCATIONAL 14 CURRICULUMS; FOR THE 1985-1986 SCHOOL YEAR THROUGH THE 1999-2000 15 SCHOOL YEAR, EACH SCHOOL DISTRICT AND AREA VOCATIONAL-TECHNICAL 16 SCHOOL SHALL BE PAID AN AMOUNT ON ACCOUNT OF STUDENTS ENROLLED 17 IN VOCATIONAL CURRICULUMS; FOR THE 2000-2001 SCHOOL YEAR AND 18 EACH SCHOOL YEAR THEREAFTER, EACH SCHOOL DISTRICT, AREA 19 VOCATIONAL-TECHNICAL SCHOOL AND CHARTER SCHOOL SHALL BE PAID AN 20 AMOUNT ON ACCOUNT OF STUDENTS ENROLLED IN VOCATIONAL 21 CURRICULUMS, DETERMINED AS FOLLOWS: 22 (1) DETERMINE THE INCREASE IN THE WEIGHTED AVERAGE DAILY 23 MEMBERSHIP BY MULTIPLYING THE NUMBER OF STUDENTS IN AVERAGE 24 DAILY MEMBERSHIP IN VOCATIONAL CURRICULUMS IN AREA VOCATIONAL- 25 TECHNICAL SCHOOLS BY TWENTY-ONE HUNDREDTHS (.21) AND THE NUMBER 26 OF STUDENTS IN AVERAGE DAILY MEMBERSHIP IN SCHOOL DISTRICT AND 27 CHARTER SCHOOL VOCATIONAL CURRICULUMS BY SEVENTEEN HUNDREDTHS 28 (.17). 29 (2) MULTIPLY THE LESSER OF THE DISTRICT'S ACTUAL INSTRUCTION 30 EXPENSE PER WEIGHTED AVERAGE DAILY MEMBERSHIP OR THE BASE EARNED 20030H0113B2125 - 25 -
1 FOR REIMBURSEMENT BY THE MARKET VALUE/INCOME AID RATIO OR BY 2 THREE HUNDRED SEVENTY-FIVE THOUSANDTHS (.375), WHICHEVER IS 3 GREATER. 4 (3) MULTIPLY THE INCREASE IN WEIGHTED AVERAGE DAILY 5 MEMBERSHIP DETERMINED IN CLAUSE (1) BY THE RESULT OF CLAUSE (2). 6 (4) FOR THE 1985-1986 THROUGH 1999-2000 SCHOOL YEARS, THE 7 COMMONWEALTH SHALL PAY THE AMOUNT REQUIRED BY THIS SECTION TO 8 THE SCHOOL DISTRICT OR AREA VOCATIONAL-TECHNICAL SCHOOL WHICH 9 PROVIDES THE PROGRAM UPON WHICH REIMBURSEMENT IS BASED. 10 (5) FOR THE 2000-2001 SCHOOL YEAR AND EACH SCHOOL YEAR 11 THEREAFTER, THE COMMONWEALTH SHALL PAY THE AMOUNT REQUIRED UNDER 12 THIS SECTION TO THE SCHOOL DISTRICT, AREA VOCATIONAL-TECHNICAL 13 SCHOOL OR CHARTER SCHOOL WHICH PROVIDES THE PROGRAMS UPON WHICH 14 REIMBURSEMENT IS BASED. 15 (C) FOR THE SCHOOL YEAR 1998-1999, ANY ADDITIONAL FUNDING 16 PROVIDED BY THE COMMONWEALTH OVER THE AMOUNT PROVIDED FOR THE 17 SCHOOL YEAR 1997-1998 WILL BE DISTRIBUTED TO AREA VOCATIONAL- 18 TECHNICAL SCHOOLS AND TO SCHOOL DISTRICTS WITH EIGHT (8) OR MORE 19 VOCATIONAL PROGRAMS BASED ON SUBSECTION (B). 20 (D) FOR THE SCHOOL YEAR 1999-2000, ANY ADDITIONAL FUNDING 21 PROVIDED BY THE COMMONWEALTH OVER THE AMOUNT PROVIDED FOR THE 22 SCHOOL YEAR 1998-1999 WILL BE DISTRIBUTED TO AREA VOCATIONAL- 23 TECHNICAL SCHOOLS, TO SCHOOL DISTRICTS WITH EIGHT (8) OR MORE 24 VOCATIONAL PROGRAMS AND TO SCHOOL DISTRICTS OFFERING A 25 VOCATIONAL AGRICULTURAL EDUCATION PROGRAM, BASED ON SUBSECTION 26 (B). 27 (E) FOR THE SCHOOL YEAR 2000-2001 AND EACH SCHOOL YEAR 28 THEREAFTER, ANY ADDITIONAL FUNDING PROVIDED BY THE COMMONWEALTH 29 OVER THE AMOUNT PROVIDED FOR THE SCHOOL YEAR 1998-1999 WILL BE 30 DISTRIBUTED TO AREA VOCATIONAL-TECHNICAL SCHOOLS, TO SCHOOL 20030H0113B2125 - 26 -
1 DISTRICTS AND CHARTER SCHOOLS WITH EIGHT (8) OR MORE VOCATIONAL 2 PROGRAMS AND TO SCHOOL DISTRICTS AND CHARTER SCHOOLS OFFERING A 3 VOCATIONAL AGRICULTURAL EDUCATION PROGRAM BASED ON SUBSECTION 4 (B). 5 SECTION 15. SECTION 2502.13 OF THE ACT, AMENDED JUNE 29, 6 2002 (P.L.524, NO.88), IS AMENDED TO READ: 7 SECTION 2502.13. SMALL DISTRICT ASSISTANCE.--FOR THE 1984- 8 1985 AND 1985-1986 SCHOOL YEARS, THE COMMONWEALTH SHALL PAY TO 9 EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF 10 ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AND HAS A MARKET 11 VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000) 12 OR GREATER, AN AMOUNT EQUAL TO FIFTY DOLLARS ($50) MULTIPLIED BY 13 THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE 1985-1986 14 SCHOOL YEAR, NO SCHOOL DISTRICT SHALL RECEIVE LESS ON ACCOUNT OF 15 THIS SECTION THAN IT DID FOR THE 1984-1985 SCHOOL YEAR. FOR THE 16 SCHOOL YEAR 1986-1987, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL 17 DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND 18 FIVE HUNDRED (1,500) OR LESS AND HAS A MARKET VALUE/INCOME AID 19 RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, OR 20 RECEIVED PAYMENTS UNDER THIS SECTION FOR THE 1985-1986 SCHOOL 21 YEAR, AN AMOUNT EQUAL TO SEVENTY-FIVE DOLLARS ($75) MULTIPLIED 22 BY THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE SCHOOL YEAR 23 1987-1988, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT 24 WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE 25 HUNDRED (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF 26 FIVE THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, OR RECEIVED 27 PAYMENTS UNDER THIS SECTION FOR THE 1986-1987 SCHOOL YEAR, AN 28 AMOUNT EQUAL TO EIGHTY-FIVE DOLLARS ($85) MULTIPLIED BY THAT 29 DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE SCHOOL YEAR 1988- 30 1989, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT WHICH 20030H0113B2125 - 27 -
1 HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED 2 (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF FIVE 3 THOUSAND TEN THOUSANDTHS (0.5000) OR GREATER, OR RECEIVED 4 PAYMENTS UNDER THIS SECTION FOR THE 1987-1988 OR 1988-1989 5 SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED FIVE DOLLARS ($105). 6 FOR THE SCHOOL YEAR 1989-1990, THE COMMONWEALTH SHALL PAY TO 7 EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF 8 ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AND A MARKET 9 VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000) 10 OR GREATER, OR RECEIVED PAYMENTS UNDER THIS SECTION FOR THE 11 1987-1988 SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED FIFTEEN 12 DOLLARS ($115) MULTIPLIED BY THE DISTRICT'S AVERAGE DAILY 13 MEMBERSHIP AS PROVIDED FOR IN SECTION 212 OF THE ACT OF JULY 1, 14 1990 (P.L.1591, NO.7A), KNOWN AS THE "GENERAL APPROPRIATION ACT 15 OF 1990." FOR THE SCHOOL YEAR 1990-1991, THE COMMONWEALTH SHALL 16 PAY TO EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY 17 MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AND A 18 MARKET VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS 19 (0.5000) OR GREATER, OR RECEIVED PAYMENTS UNDER THIS SECTION FOR 20 THE PRIOR SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED SEVENTY 21 DOLLARS ($170) MULTIPLIED BY THAT DISTRICT'S AVERAGE DAILY 22 MEMBERSHIP. FOR THE SCHOOL YEAR 1990-1991, EACH SCHOOL DISTRICT 23 WITH A POPULATION PER SQUARE MILE OF LESS THAN NINETY (90), 24 WHICH OTHERWISE MEETS THE AVERAGE DAILY MEMBERSHIP AND MARKET 25 VALUE/INCOME AID RATIO REQUIREMENTS OF THIS SECTION, OR RECEIVED 26 PAYMENTS UNDER THIS SECTION FOR THE PRIOR SCHOOL YEAR, SHALL 27 INSTEAD RECEIVE AN AMOUNT EQUAL TO ONE HUNDRED NINETY DOLLARS 28 ($190) MULTIPLIED BY THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP. 29 FOR THE 1987-1988 SCHOOL YEAR THROUGH THE 1990-1991 SCHOOL YEAR, 30 NO SCHOOL DISTRICT SHALL RECEIVE LESS ON ACCOUNT OF THIS SECTION 20030H0113B2125 - 28 -
1 THAN IT DID FOR THE PRIOR SCHOOL YEAR. FOR THE SCHOOL YEAR 1994- 2 1995, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT WHICH 3 HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED 4 (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF FIVE 5 THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, AN AMOUNT EQUAL TO 6 NINETY FIVE DOLLARS ($95) MULTIPLIED BY THAT DISTRICT'S AVERAGE 7 DAILY MEMBERSHIP. FOR EACH OF THE SCHOOL YEARS 1997-1998 THROUGH 8 1999-2000, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT 9 WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE 10 HUNDRED (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF 11 FIVE THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER AN AMOUNT 12 EQUAL TO SEVENTY-FIVE DOLLARS ($75) MULTIPLIED BY THAT 13 DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE SCHOOL YEARS 2000- 14 2001 [AND], 2001-2002 AND 2002-2003, THE COMMONWEALTH SHALL PAY 15 TO EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF 16 ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AN AMOUNT EQUAL TO 17 SEVENTY-FIVE DOLLARS ($75) MULTIPLIED BY THAT DISTRICT'S AVERAGE 18 DAILY MEMBERSHIP. 19 SECTION 16. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 20 SECTION 2502.41. BASIC EDUCATION FUNDING FOR 2002-2003 21 SCHOOL YEAR.--FOR THE 2002-2003 SCHOOL YEAR, THE COMMONWEALTH 22 SHALL PAY TO EACH SCHOOL DISTRICT A BASIC EDUCATION FUNDING 23 ALLOCATION WHICH SHALL CONSIST OF THE FOLLOWING: 24 (1) AN AMOUNT EQUAL TO THE BASIC EDUCATION FUNDING 25 ALLOCATION FOR THE 2001-2002 SCHOOL YEAR PURSUANT TO SECTIONS 26 2502.13 AND 2502.40. 27 (2) A BASE SUPPLEMENT CALCULATED AS FOLLOWS: 28 (I) MULTIPLY THE SCHOOL DISTRICT'S 2003-2004 MARKET 29 VALUE/INCOME AID RATIO BY ITS 2002-2003 AVERAGE DAILY 30 MEMBERSHIP. 20030H0113B2125 - 29 -
1 (II) MULTIPLY THE PRODUCT FROM SUBPARAGRAPH (I) BY FIFTY 2 MILLION DOLLARS ($50,000,000). 3 (III) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (II) BY THE SUM 4 OF THE PRODUCTS OF THE 2003-2004 MARKET VALUE/INCOME AID RATIO 5 MULTIPLIED BY THE 2002-2003 AVERAGE DAILY MEMBERSHIP FOR ALL 6 SCHOOL DISTRICTS. 7 (3) A POVERTY SUPPLEMENT CALCULATED FOR QUALIFYING SCHOOL 8 DISTRICTS AS FOLLOWS: 9 (I) TO QUALIFY FOR THE POVERTY SUPPLEMENT, A SCHOOL 10 DISTRICT'S 2003-2004 MARKET VALUE/INCOME AID RATIO SHALL BE 11 EQUAL TO OR GREATER THAN 0.6500 AND ITS PERSONAL INCOME 12 VALUATION WHEN DIVIDED BY ITS 2002-2003 AVERAGE DAILY MEMBERSHIP 13 SHALL BE EQUAL TO OR LESS THAN ONE HUNDRED THREE THOUSAND FIVE 14 HUNDRED SEVENTY-ONE DOLLARS ($103,571). 15 (II) THE POVERTY SUPPLEMENT SHALL BE CALCULATED FOR 16 QUALIFYING SCHOOL DISTRICTS AS FOLLOWS: 17 (A) MULTIPLY THE SCHOOL DISTRICT'S 2002-2003 AVERAGE DAILY 18 MEMBERSHIP BY THIRTY MILLION DOLLARS ($30,000,000). 19 (B) DIVIDE THE PRODUCT FROM CLAUSE (A) BY THE SUM OF THE 20 2002-2003 AVERAGE DAILY MEMBERSHIP FOR ALL QUALIFYING SCHOOL 21 DISTRICTS. 22 (4) A TAX EFFORT SUPPLEMENT CALCULATED FOR QUALIFYING SCHOOL 23 DISTRICTS AS FOLLOWS: 24 (I) TO QUALIFY FOR THE TAX EFFORT SUPPLEMENT, A SCHOOL 25 DISTRICT'S 2001 EQUALIZED MILLAGE MUST BE EQUAL TO OR GREATER 26 THAN 20.6 EQUALIZED MILLS. 27 (II) THE TAX EFFORT SUPPLEMENT SHALL BE CALCULATED FOR 28 QUALIFYING SCHOOL DISTRICTS AS FOLLOWS: 29 (A) MULTIPLY THE SCHOOL DISTRICT'S 2002-2003 AVERAGE DAILY 30 MEMBERSHIP BY FIFTEEN MILLION DOLLARS ($15,000,000). 20030H0113B2125 - 30 -
1 (B) DIVIDE THE PRODUCT FROM CLAUSE (A) BY THE SUM OF THE 2 2002-2003 AVERAGE DAILY MEMBERSHIP FOR ALL QUALIFYING SCHOOL 3 DISTRICTS. 4 (5) A GROWTH SUPPLEMENT CALCULATED FOR QUALIFYING SCHOOL 5 DISTRICTS AS FOLLOWS: 6 (I) TO QUALIFY FOR THE GROWTH SUPPLEMENT, A SCHOOL 7 DISTRICT'S 2002-2003 AVERAGE DAILY MEMBERSHIP MUST BE GREATER 8 THAN ITS 2001-2002 AVERAGE DAILY MEMBERSHIP. 9 (II) THE GROWTH SUPPLEMENT SHALL BE CALCULATED FOR 10 QUALIFYING SCHOOL DISTRICTS AS FOLLOWS: 11 (A) SUBTRACT THE SCHOOL DISTRICT'S 2001-2002 AVERAGE DAILY 12 MEMBERSHIP FROM ITS 2002-2003 AVERAGE DAILY MEMBERSHIP. 13 (B) MULTIPLY THE DIFFERENCE FROM CLAUSE (A) BY FIVE MILLION 14 DOLLARS ($5,000,000). 15 (C) DIVIDE THE PRODUCT FROM CLAUSE (B) BY THE SUM OF THE 16 DIFFERENCES FROM CLAUSE (A) FOR ALL QUALIFYING SCHOOL DISTRICTS. 17 (6) EACH SCHOOL DISTRICT SHALL RECEIVE ADDITIONAL FUNDING AS 18 NECESSARY SO THAT THE SUM OF THE AMOUNTS UNDER SECTION 2502.13 19 AND UNDER PARAGRAPHS (2), (3), (4), (5) AND THIS PARAGRAPH WILL 20 EQUAL AT LEAST TWO PERCENT (2%) OF THE AMOUNT IN PARAGRAPH (1). 21 SECTION 17. SECTIONS 2509.1 AND 2509.5 OF THE ACT ARE 22 AMENDED BY ADDING SUBSECTIONS TO READ: 23 SECTION 2509.1. PAYMENTS TO INTERMEDIATE UNITS.--* * * 24 (B.11) UP TO NINE MILLION FIVE HUNDRED THOUSAND DOLLARS 25 ($9,500,000) MAY BE UTILIZED FOR PROGRAMS ADMINISTERED AND 26 OPERATED BY INTERMEDIATE UNITS DURING THE 2003-2004 SCHOOL YEAR 27 FOR INSTITUTIONALIZED CHILDREN AS ESTABLISHED IN SUBSECTION 28 (B.1). 29 * * * 30 SECTION 2509.5. SPECIAL EDUCATION PAYMENTS TO SCHOOL 20030H0113B2125 - 31 -
1 DISTRICTS.--* * * 2 (LL) DURING THE 2003-2004 SCHOOL YEAR, EACH SCHOOL DISTRICT 3 SHALL BE PAID THE AMOUNT IT RECEIVED DURING THE 2002-2003 SCHOOL 4 YEAR UNDER SUBSECTION (KK). 5 (MM) DURING THE 2003-2004 SCHOOL YEAR, THIRTY-SIX MILLION 6 ONE HUNDRED FORTY-NINE THOUSAND FIVE HUNDRED EIGHTY-SEVEN 7 DOLLARS ($36,149,587) OF THE FUNDS APPROPRIATED TO THE 8 DEPARTMENT OF EDUCATION FOR SPECIAL EDUCATION SHALL BE USED TO 9 PROVIDE SUPPLEMENTAL FUNDING FOR SPECIAL EDUCATION TO ALL SCHOOL 10 DISTRICTS. THE SUPPLEMENTAL FUNDING SHALL BE CALCULATED AS 11 FOLLOWS: 12 (1) MULTIPLY EACH SCHOOL DISTRICT'S 2003-2004 MARKET 13 VALUE/INCOME AID RATIO BY SIXTEEN PER CENTUM (16%) OF ITS 2002- 14 2003 AVERAGE DAILY MEMBERSHIP; 15 (2) MULTIPLY THE PRODUCT FROM PARAGRAPH (1) BY THIRTY-SIX 16 MILLION ONE HUNDRED FORTY-NINE THOUSAND FIVE HUNDRED EIGHTY- 17 SEVEN DOLLARS ($36,149,587); AND 18 (3) DIVIDE THE RESULTANT PRODUCT FROM PARAGRAPH (2) BY THE 19 SUM OF THE PRODUCTS OF THE 2003-2004 MARKET VALUE/INCOME AID 20 RATIO MULTIPLIED BY SIXTEEN PER CENTUM (16%) OF THE 2002-2003 21 AVERAGE DAILY MEMBERSHIP FOR ALL SCHOOL DISTRICTS. 22 SECTION 18. SECTION 2591.1 OF THE ACT, ADDED JUNE 29, 2002 23 (P.L.524, NO.88), IS AMENDED TO READ: 24 SECTION 2591.1. COMMONWEALTH REIMBURSEMENTS FOR CHARTER 25 SCHOOLS AND CYBER CHARTER SCHOOLS.--(A) FOR THE 2001-2002 26 SCHOOL YEAR, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT 27 WITH RESIDENT STUDENTS ENROLLED IN A CHARTER SCHOOL, A CHARTER 28 SCHOOL APPROVED UNDER SECTION 1717-A OR 1718-A WHICH PROVIDES 29 INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC MEANS OR A 30 CYBER CHARTER SCHOOL AS DEFINED PURSUANT TO ARTICLE XVII-A AN 20030H0113B2125 - 32 -
1 AMOUNT EQUAL TO THIRTY PERCENT (30%) OF THE TOTAL FUNDING 2 REQUIRED UNDER SECTION 1725-A(A). IF INSUFFICIENT FUNDS ARE 3 APPROPRIATED TO MAKE COMMONWEALTH REIMBURSEMENTS UNDER THIS 4 SECTION, THE REIMBURSEMENTS SHALL BE MADE ON A PRO RATA BASIS. 5 (B) FOR THE 2002-2003 SCHOOL YEAR, THE COMMONWEALTH SHALL 6 PAY TO EACH SCHOOL DISTRICT THAT RECEIVED FUNDING UNDER 7 SUBSECTION (A) FOR THE 2001-2002 SCHOOL YEAR AND THAT HAD 8 RESIDENT STUDENTS ENROLLED IN A CHARTER SCHOOL, A CHARTER SCHOOL 9 APPROVED UNDER SECTION 1717-A OR 1718-A WHICH PROVIDES 10 INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC MEANS OR A 11 CYBER CHARTER SCHOOL AS DEFINED UNDER ARTICLE XVII-A DURING THE 12 2002-2003 SCHOOL YEAR AN AMOUNT EQUAL TO THE LESSER OF: 13 (1) THE PAYMENT RECEIVED FOR THE 2001-2002 SCHOOL YEAR 14 PURSUANT TO SUBSECTION (A); OR 15 (2) THIRTY PERCENT (30%) OF THE TOTAL FUNDING REQUIRED UNDER 16 SECTION 1725-A(A). 17 (C) FOR THE 2002-2003 SCHOOL YEAR, THE COMMONWEALTH SHALL 18 PAY TO EACH SCHOOL DISTRICT THAT DID NOT RECEIVE FUNDING UNDER 19 SUBSECTION (A) FOR THE 2001-2002 SCHOOL YEAR AND THAT HAD 20 RESIDENT STUDENTS ENROLLED IN A CHARTER SCHOOL, A CHARTER SCHOOL 21 APPROVED UNDER SECTION 1717-A OR 1718-A WHICH PROVIDES 22 INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC MEANS OR A 23 CYBER CHARTER SCHOOL AS DEFINED UNDER ARTICLE XVII-A DURING THE 24 2002-2003 SCHOOL YEAR AN AMOUNT EQUAL TO THIRTY PERCENT (30%) OF 25 THE TOTAL FUNDING REQUIRED UNDER SECTION 1725-A(A). 26 SECTION 19. THE FOLLOWING AMOUNTS ARE HEREBY APPROPRIATED 27 FROM THE GENERAL FUND TO THE DEPARTMENT OF EDUCATION FOR THE 28 FISCAL PERIOD JULY 1, 2003, TO JUNE 30, 2004, AS FOLLOWS: 29 (1) THE SUM OF $25,000,000 IS HEREBY APPROPRIATED FOR 30 PAYMENTS TO ANY SCHOOL DISTRICT OF THE FIRST CLASS WHICH HAS 20030H0113B2125 - 33 -
1 BEEN DECLARED DISTRESSED PURSUANT TO SECTION 691(C) OF THE 2 ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC 3 SCHOOL CODE OF 1949, PROVIDED THAT SUCH SCHOOL DISTRICT 4 SUBMITS A QUARTERLY ITEMIZATION OF ALL FEDERAL, STATE AND 5 LOCAL FUNDS DISTRIBUTED TO EACH SCHOOL IN THE SCHOOL 6 DISTRICT, INCLUDING SCHOOLS GOVERNED BY AGREEMENTS CURRENTLY 7 IN EFFECT PURSUANT TO SECTION 696(I)(2) OF THE PUBLIC SCHOOL 8 CODE OF 1949 AND SCHOOLS DESIGNATED AS PARTNERSHIP SCHOOLS 9 UNDER THE SCHOOL REFORM COMMISSION RESOLUTION NUMBER 10 OF 10 APRIL 17, 2002, TO THE DEPARTMENT OF EDUCATION AND TO THE 11 CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF 12 THE SENATE AND TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE 13 EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES. IF THE 14 DEPARTMENT OF EDUCATION DETERMINES THAT THE REPORT IS NOT 15 BEING SUBMITTED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS 16 PARAGRAPH, THE DEPARTMENT OF EDUCATION SHALL WITHHOLD FROM 17 ANY AND ALL PAYMENTS TO WHICH THAT SCHOOL DISTRICT OF THE 18 FIRST CLASS MAY BE ENTITLED UNDER THE ACT AN AMOUNT EQUAL TO 19 THE FUNDS RECEIVED FROM THIS APPROPRIATION. 20 (2) THE SUM OF $56,762,000 IS HEREBY APPROPRIATED FOR 21 PAYMENTS ON ACCOUNT OF VOCATIONAL EDUCATION AS PROVIDED FOR 22 UNDER SECTION 2502.8 OF THE PUBLIC SCHOOL CODE OF 1949, 23 PROVIDED THAT ANY AMOUNTS EXPENDED BY THE DEPARTMENT OF 24 EDUCATION PURSUANT TO THE FORMER STATE APPROPRIATION IN THE 25 AMOUNT OF $55,378,000 FOR VOCATIONAL EDUCATION UNDER SECTION 26 212 OF THE ACT OF MARCH 20, 2003 (P.L. , NO.1A), KNOWN AS 27 THE GENERAL APPROPRIATION ACT OF 2003, SHALL BE DEDUCTED FROM 28 THE SUM APPROPRIATED IN THIS PARAGRAPH. 29 (3) THE SUM OF $896,177,000 IS HEREBY APPROPRIATED FOR 30 PAYMENTS ON ACCOUNT OF SPECIAL EDUCATION OF EXCEPTIONAL 20030H0113B2125 - 34 -
1 CHILDREN, PROVIDED THAT THIS AMOUNT INCLUDES $563,000 FOR 2 COMMUNITY SUPPORT SERVICES WHICH IS NOT TO BE INCLUDED IN THE 3 BASE CALCULATIONS OF THE SPECIAL EDUCATION PROGRAM 4 COMPONENTS, AND PROVIDED FURTHER THAT THIS AMOUNT INCLUDES 5 $500,000 FOR PAYMENTS TO PENNSYLVANIA CHARTER SCHOOLS FOR THE 6 DEAF AND BLIND, AND PROVIDED FURTHER THAT THIS AMOUNT 7 INCLUDES $500,000 FOR SPECIAL EDUCATION-APPROVED PRIVATE 8 SCHOOLS, AND PROVIDED FURTHER THAT ANY AMOUNTS EXPENDED BY 9 THE DEPARTMENT OF EDUCATION PURSUANT TO THE FORMER STATE 10 APPROPRIATION IN THE AMOUNT OF $874,319,000 FOR PAYMENTS ON 11 ACCOUNT OF SPECIAL EDUCATION OF EXCEPTIONAL CHILDREN UNDER 12 SECTION 212 OF THE GENERAL APPROPRIATION ACT OF 2003 SHALL BE 13 DEDUCTED FROM THE SUM APPROPRIATED IN THIS PARAGRAPH. 14 (4) THE SUM OF $4,202,018,057 $4,204,406,906 IS HEREBY <-- 15 APPROPRIATED FOR BASIC EDUCATION FUNDING TO SCHOOL DISTRICTS, 16 PROVIDED THAT THE SECRETARY OF EDUCATION, WITH THE APPROVAL 17 OF THE GOVERNOR, MAY MAKE PAYMENTS FROM THIS APPROPRIATION IN 18 ADVANCE OF THE DUE DATE PRESCRIBED BY LAW TO SCHOOL DISTRICTS 19 WHICH ARE FINANCIALLY HANDICAPPED WHENEVER THE SECRETARY OF 20 EDUCATION SHALL DEEM IT NECESSARY TO MAKE SUCH ADVANCE 21 PAYMENTS TO ENABLE THE SCHOOL DISTRICTS TO KEEP THEIR SCHOOLS 22 OPEN. 23 (5) THE SUM OF $25,380,000 IS HEREBY APPROPRIATED FOR 24 SCHOOL IMPROVEMENT GRANTS AS PROVIDED FOR UNDER SECTION 1709- 25 B OF THE PUBLIC SCHOOL CODE OF 1949. 26 (6) THE SUM OF $15,000,000 IS HEREBY APPROPRIATED FOR 27 EDUCATION SUPPORT SERVICES AS PROVIDED FOR UNDER ARTICLE XV-C 28 OF THE PUBLIC SCHOOL CODE OF 1949. 29 (7) THE SUM OF $73,991,328 IS HEREBY APPROPRIATED FOR 30 SERVICES TO NONPUBLIC SCHOOLS AS PROVIDED UNDER SECTION 972.1 <-- 20030H0113B2125 - 35 -
1 922.1-A OF THE PUBLIC SCHOOL CODE OF 1949, PROVIDED THAT ANY 2 AMOUNTS EXPENDED BY THE DEPARTMENT OF EDUCATION PURSUANT TO 3 THE FORMER STATE APPROPRIATION IN THE AMOUNT OF $71,976,000 4 FOR SERVICES TO NONPUBLIC SCHOOLS UNDER SECTION 212 OF THE 5 GENERAL APPROPRIATION ACT OF 2003, SHALL BE DEDUCTED FROM THE 6 SUM APPROPRIATED IN THIS PARAGRAPH. 7 SECTION 20. THE FOLLOWING ACTS AND PARTS OF ACTS ARE 8 REPEALED TO THE EXTENT SPECIFIED: 9 SECTION 2509.8 OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), 10 KNOWN AS THE PUBLIC SCHOOL CODE OF 1949. 11 AS MUCH AS RELATES TO THE STATE APPROPRIATIONS IN THE AMOUNT 12 OF $55,378,000 FOR VOCATIONAL EDUCATION AND IN THE AMOUNT OF 13 $874,319,000 FOR PAYMENTS ON ACCOUNT OF SPECIAL EDUCATION OF 14 EXCEPTIONAL CHILDREN, AND IN THE AMOUNT OF $71,976,000 FOR 15 SERVICES TO NONPUBLIC SCHOOLS IN SECTION 212 OF THE ACT OF MARCH 16 20, 2003 (P.L. , NO.1A), KNOWN AS THE GENERAL APPROPRIATION 17 ACT OF 2003. 18 SECTION 21. THIS ACT SHALL TAKE EFFECT JULY 1, 2003, OR 19 IMMEDIATELY, WHICHEVER IS LATER. A16L24DMS/20030H0113B2125 - 36 -