THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY SIPTROTH, BARRAR, CALTAGIRONE, GEORGE, GROVE, HELM, KIRKLAND, KORTZ, KOTIK, MAHONEY, McILVAINE SMITH, MELIO, MICOZZIE, MURT, PALLONE, PAYTON, SCAVELLO, VULAKOVICH, WALKO, WANSACZ AND YOUNGBLOOD, MARCH 23, 2009

REFERRED TO COMMITTEE ON EDUCATION, MARCH 23, 2009  

A CONCURRENT RESOLUTION

Establishing the Joint Legislative Commission on Public School

Finance and providing for the powers and duties of the

commission.

WHEREAS, Section 14 of Article III of the Constitution of

Pennsylvania clearly gives the General Assembly sole authority

to "...provide for the maintenance and support of a thorough and

efficient system of public education to serve the needs of the

Commonwealth"; and

WHEREAS, The General Assembly, as part of Act 114 of 2006,

amended the Public School Code of 1949 to direct the State Board

of Education to "...conduct or provide for a comprehensive

Statewide costing-out study to arrive at a determination of the

basic cost per pupil to provide an education that will permit a

student to meet the State's academic standards and assessments"

with a final report to be presented to the General Assembly one

year from the date the contract to conduct the study was signed;

and

WHEREAS, The Commonwealth of Pennsylvania spends in excess of

$14 billion on education in grades kindergarten through 12.

According to the National Education Association, in 2004-2005

Pennsylvania ranked 14th in expenditures per student at $9,638

per pupil, well above the national average of $8,618; and

WHEREAS, The Individuals with Disabilities Education Act

places strict provisions for identification and services for

children with special needs. Federal funding for the Individuals

with Disabilities Education Act has historically been severely

underfunded; and

WHEREAS, The No Child Left Behind Act of 2001, which focuses

on accountability, requiring states to close any existing

achievement gaps and assure students are proficient in basic

core academic subjects, is underfunded by the Federal

Government; and

WHEREAS, The Commonwealth has established academic standards

and Statewide assessments in order to move Pennsylvania's

students toward defined proficiencies in core academic subjects;

and

WHEREAS, Over the past three decades, efforts have been made

throughout the nation to revise state systems for funding public

schools; and

WHEREAS, Both Federal and State courts have increasingly been

asked to review the constitutionality of educational funding

systems that rely on local property taxes; and

WHEREAS, Opposition to existing State funding systems has

centered on the argument that dependence on local property taxes

yields disparities in funding between school districts that

violate constitutional provisions regarding equal protection, as

well as State constitutional obligations with regard to

education; and

WHEREAS, Pennsylvania currently ranks 11th in the nation in

the number of individual school districts; and

WHEREAS, Concerns have been raised that this large number of

administrative units is not cost effective and the merging of

some districts or regionalization of services would be more

efficient both economically and educationally; therefore be it

RESOLVED (the Senate concurring), That the General Assembly

establish the Joint Legislative Commission on Public School

Finance as a means of analyzing the results of the State Board

of Education's costing-out study and making recommendations on

issues surrounding Pennsylvania's current system of funding

public education; and be it further

RESOLVED, That the commission have as its purpose identifying

what school districts and the Commonwealth need to do to improve

the chances of students, schools and the districts themselves

meeting the requirements of the State's accountability system;

and be it further

RESOLVED, That specific goals of the commission include

ensuring that State funds allocated for basic education funding

are distributed both adequately and equitably; that the

allocation of State funding addresses and is reflective of

unique characteristics among districts, including changes in

demography; that the allocation of State funding is linked with

measures of appropriate accountability; and that school

districts remain accountable for meeting State academic

standards and attaining student proficiency; and be it further

RESOLVED, That the commission consist of members appointed as

follows:

(1)  A recognized expert in the field of public school

finance currently employed at a Commonwealth institution of

higher education to be chosen jointly by the President pro

tempore of the Senate and the Speaker of the House of

Representatives and who shall serve as the chairperson of the

commission.

(2)  The chairman and minority chairman of the Education

Committee of the Senate and the chairman and minority

chairman of the Education Committee of the House of

Representatives or their designees who are members of the

respective committees.

(3)  The chairman and minority chairman of the

Appropriations Committee of the Senate and the chairman and

minority chairman of the Appropriations Committee of the

House of Representatives or their designees who are members

of the respective committees.

(4)  Four additional members of the General Assembly, one

of whom is to be appointed by each of the following: the

Majority Leader of the Senate, the Minority Leader of the

Senate, the Majority Leader of the House of Representatives

and the Minority Leader of the House of Representatives.

(5)  The Secretary of Education or a designee who shall

be a deputy secretary within the Department of Education.

(6)  The Secretary of the Budget or a designee who shall

be an employee of the Office of the Budget.

(7)  The chairperson of the State Board of Education or a

designee who shall be a member of the State Board of

Education.

(8)  Representatives of the State's basic education

community as follows:

(i)  Four classroom teachers, two of whom shall be

appointed jointly by the Majority Leader of the Senate

and the Majority Leader of the House of Representatives

from a list provided by each of the established

recognized organizations representing the State's public

school employees.

(ii)  A school business manager jointly appointed by

the Majority Leader of the Senate and the Majority Leader

of the House of Representatives from a list provided by

the Pennsylvania Association of School Business

Officials.

(iii)  Three chief school administrators appointed

jointly by the Majority Leader of the Senate and the

Majority Leader of the House of Representatives from a

list provided by the Pennsylvania Association of School

Administrators, one from an urban school district, one

from a suburban school district and one from a rural

school district.

(iv)  A vocational-technical school administrator

appointed jointly by the Majority Leader of the Senate

and the Majority Leader of the House of Representatives

from a list provided by the Pennsylvania Association of

Vocational Administrators.

(v)  An intermediate unit director appointed jointly

by the Majority Leader of the Senate and the Majority

Leader of the House of Representatives from a list

provided by the Pennsylvania Association of Intermediate

Units.

(vi)  Three elected school board directors appointed

jointly by the Majority Leader of the Senate and the

Majority Leader of the House of Representatives from a

list provided by the Pennsylvania School Boards

Association, one from an urban school district, one from

a suburban school district and one from a rural school

district.

(vii)  A representative of Pennsylvania's charter

school community appointed jointly by the Majority Leader

of the Senate and the Majority Leader of the House of

Representatives from a list provided by the Pennsylvania

Coalition of Charter Schools.

(viii)  Three parents of students enrolled in a

Pennsylvania public school appointed jointly by the

Majority Leader of the Senate and the Majority Leader of

the House of Representatives from a list provided by the

Pennsylvania Parent Teacher Association, one of whom

shall be the parent of a special needs student.

(ix)  Four representatives of this Commonwealth's

business community, one of each whom shall be appointed

by the Majority Leader of the Senate, the Minority Leader

of the Senate, the Majority Leader of the House of

Representatives and the Minority Leader of the House of

Representatives.

(x)  Four representatives from this Commonwealth's

education community appointed by the Governor, two of

whom shall be representatives of a Statewide education or

child advocacy organization and two of whom shall be

representatives of a teacher preparation institution of

higher education located in this Commonwealth.

To the extent possible, appointments shall reflect the various

geographic regions of this Commonwealth. Notification of

appointments to the commission shall be furnished to the

President pro tempore of the Senate and the Speaker of the House

of Representatives by the appointing body no later than 30 days

after adoption of this resolution by both chambers and that

appointments be made by the Governor, the President pro tempore

of the Senate and the Speaker of the House of Representatives no

later than 45 days after adoption of this resolution by both

chambers; and be it further

RESOLVED, That the commission have the following powers and

duties:

(1)  To review the findings and recommendations from the

Statewide costing-out study conducted by the State Board of

Education pursuant to section 2599.3 of the Public School

Code of 1949.

(2)  To examine national trends in educational funding,

including foundation programs, percentage equalization and

guaranteed yield programs and their potential relevance for

Pennsylvania.

(3)  To review systems that assist in determining student

achievement such as a value-added assessment system.

(4)  To examine Federal mandates, including the

Individuals with Disabilities Education Act and the No Child

Left Behind Act of 2001 and their impact on Pennsylvania's

public schools.

(5)  To examine State regulations, standards and

guidelines that implement Federal and State laws and their

impact on Pennsylvania's public schools.

(6)  To study demographic patterns within this

Commonwealth in order to determine the impact of both growth

and decline in student enrollments on school districts'

operations and costs, and the positive and negative aspects

of school consolidation as a means to affect cost

efficiencies.

(7)  To examine the efficacy of consolidating existing

funding programs used to disperse State education funds and

to analyze the advantages and disadvantages of targeted

categorical funding.

(8)  To review the findings of the Task Force on School

Cost Reduction November 2007 Report to the Governor and

General Assembly and incorporate recommendations from that

report in the commission's reports as appropriate.

(9)  To examine opportunities for improved cooperation

and consolidation among districts to:

(i)  improve the efficiency and effectiveness of

school districts' operations in order to achieve savings;

and

(ii)  enhance student achievement.

(10)  To examine Statewide trends in the student

population in Pennsylvania's public schools including

students with disabilities, students living in poverty and

students with limited English proficiency and their impact on

costs to Pennsylvania's public schools associated with these

students meeting State academic standards and the No Child

Left Behind Act of 2001;

and be it further

RESOLVED, That the commission develop, at a minimum, two

formulae for the adequate and equitable distribution of State

funds for the support of public schools in this Commonwealth and

other recommendations based upon its study; and be it further

RESOLVED, That the commission hold public hearings to receive

public comment and testimony on proposed funding formulae and

other recommendations of the commission; and be it further

RESOLVED, That the commission hold its first meeting no later

than 30 days following the appointment of members; and be it

further

RESOLVED, That the commission have the authority to adopt, by

majority vote of its membership, rules of operation and conduct;

and be it further

RESOLVED, That the commission hold meetings at the call of

the chairperson and may hold hearings, take testimony and make

its investigations at such places as it deems necessary in this

Commonwealth; and be it further

RESOLVED, That all meetings and public hearings of the

commission be considered public meetings for the purpose of 65

Pa.C.S. Ch. 7; and be it further

RESOLVED, That the commission members receive no compensation

for their services, but shall be reimbursed for all necessary

travel and other reasonable expenses incurred in connection with

the performance of their duties as members; and be it further

RESOLVED, That the commission be authorized to hire or

contract for such services as it deems necessary and that all

expenses approved by the President pro tempore of the Senate and

the Speaker of the House of Representatives and incurred or

authorized by the commission shall be paid equally from accounts

under the control of the Chief Clerk of the Senate and the Chief

Clerk of the House of Representatives; and be it further

RESOLVED, That the Senate and the House of Representatives

provide administrative support, office space and any other

assistance required by the commission to carry out its duties;

and be it further

RESOLVED, That, whenever possible, the commission utilize the

services and expertise of existing personnel and staff of the

General Assembly in the performance of its duties; and be it

further

RESOLVED, That the commission make an interim report no later

than 180 calendar days from the first meeting date of the

commission and a final report no later than one year from the

first meeting date of the commission of its findings and

recommendations to the Governor, the President pro tempore of

the Senate and the Speaker of the House of Representatives; and

be it further

RESOLVED, That upon receipt of the final report of the

commission, the General Assembly promptly review and consider

the recommendations of the commission and develop legislation

based on the commission's recommendations for consideration as

it deems appropriate.