SENATE AMENDED
        PRIOR PRINTER'S NOS. 922, 1044, 3325          PRINTER'S NO. 3930

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 837 Session of 1995


        INTRODUCED BY KREBS, STAIRS, SATHER, TULLI, ROBERTS, COWELL,
           CARONE, HANNA, STEELMAN, CURRY, DALEY, FLEAGLE, SCHULER,
           STURLA, STETLER, HORSEY, CIVERA, BARLEY AND BELFANTI,
           FEBRUARY 14, 1995

        SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, JUNE 28, 1996

                                     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 CERTAIN          <--
     6     CONTRACTS AND PAYMENTS; providing for a standard employment
     7     application form for school districts for certain applicants
     8     AND FOR GRANTS RELATING TO COMPUTERS IN EDUCATION; AND         <--
     9     FURTHER PROVIDING FOR SCHOOL SUBSIDIES, FOR ELIGIBLE LISTS OF
    10     PERSONS QUALIFIED TO TEACH, FOR SPECIAL EDUCATION, FOR
    11     REPORTS RELATED TO SPECIAL EDUCATION PAYMENTS AND FOR CERTAIN
    12     COURT-ORDERED PAYMENTS.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  The act of March 10, 1949 (P.L.30, No.14), known   <--
    16  as the Public School Code of 1949, is amended by adding a
    17  section to read:
    18     SECTION 1.  SECTION 914.1-A(B) AND (E) OF THE ACT OF MARCH     <--
    19  10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF
    20  1949, AMENDED OR ADDED APRIL 6, 1980 (P.L.86, NO.30), JUNE 30,
    21  1980 (P.L.279, NO.80) AND OCTOBER 20, 1988 (P.L.827, NO.110),

     1  ARE AMENDED TO READ:
     2     SECTION 914.1-A.  CONTRACTS WITH PRIVATE RESIDENTIAL
     3  REHABILITATIVE INSTITUTIONS.--* * *
     4     (B)  [THE ACTUAL COST, NOT TO EXCEED ONE AND ONE-QUARTER
     5  TIMES THE TUITION CHARGES OF THE SCHOOL DISTRICT IN WHICH SUCH
     6  PRIVATE RESIDENTIAL REHABILITATIVE INSTITUTION IS LOCATED, SHALL
     7  BE BORNE AS FOLLOWS:
     8     (1)  THE FULL TUITION CHARGE OF THE SCHOOL DISTRICT IN WHICH
     9  THE PRIVATE RESIDENTIAL REHABILITATIVE INSTITUTION IS LOCATED
    10  SHALL BE PAID BY THE SCHOOL DISTRICT OF THE CHILD'S RESIDENCE.
    11     (2)  ANY ADDITIONAL CHARGES NOT TO EXCEED ONE-QUARTER OF THE
    12  TUITION CHARGE UNDER CLAUSE (1) SHALL BE PAID BY THE
    13  COMMONWEALTH. IN THE EVENT THAT THE FUNDS APPROPRIATED FOR
    14  PAYMENTS BY THE COMMONWEALTH ARE INSUFFICIENT TO PROVIDE FOR
    15  FULL PAYMENT OF ANY ADDITIONAL CHARGES, THE AMOUNT PER SCHOOL
    16  SHALL BE PRORATED.] THE COST OF THE EDUCATIONAL SERVICES AS
    17  PROVIDED IN SUBSECTION (C) SHALL BE DETERMINED UNDER SECTION
    18  2561(6) OF THIS ACT. IF THE SCHOOL DISTRICT OF RESIDENCE OF THE
    19  CHILD CANNOT BE DETERMINED, THE COSTS SHALL BE BORNE BY THE
    20  DEPARTMENT OF EDUCATION. THE DEPARTMENT SHALL PROMULGATE AUDIT
    21  STANDARDS WHICH SHALL BE USED BY THE CONTRACTING PARTIES IN
    22  DETERMINING THE ACTUAL COSTS WHICH ARE SUBJECT TO REIMBURSEMENT
    23  TO THE PRIVATE RESIDENTIAL REHABILITATIVE INSTITUTION. THE AUDIT
    24  STANDARDS, PROMULGATED BY THE DEPARTMENT, SHALL SPECIFY AS
    25  REASONABLE COSTS ASSOCIATED WITH THE OPERATION OF THE
    26  EDUCATIONAL PROGRAM OFFERED. THE DEPARTMENT SHALL EFFECTUATE
    27  NECESSARY PROCEDURES FOR THE TRANSFER OF FUNDS FROM THE SCHOOL
    28  DISTRICT OF RESIDENCE TO THE SCHOOL DISTRICT OR INTERMEDIATE
    29  UNIT IN WHICH THE PRIVATE RESIDENTIAL REHABILITATIVE INSTITUTION
    30  IS LOCATED. IN EFFECTUATING THE TRANSFER OF FUNDS, THE
    19950H0837B3930                  - 2 -

     1  DEPARTMENT MAY DEDUCT THE APPROPRIATE AMOUNT FROM THE BASIC
     2  INSTRUCTIONAL SUBSIDY OF ANY SCHOOL DISTRICT WHICH HAD RESIDENT
     3  STUDENTS THAT WERE PROVIDED EDUCATIONAL SERVICES BY A PRIVATE
     4  RESIDENTIAL REHABILITATIVE INSTITUTION.
     5     * * *
     6     [(E)  IF A PRIVATE RESIDENTIAL REHABILITATIVE INSTITUTION
     7  ENTERS INTO A CONTRACT CONTEMPLATED BY THIS SECTION FOR 1980-
     8  1981 WITH ITS INTERMEDIATE UNIT, PAYMENTS TO SUCH INSTITUTION
     9  MAY BE MADE FOR EDUCATIONAL EXPENSES FOR THE ENTIRE 1979-1980
    10  FISCAL YEAR FROM THE APPROPRIATION MADE TO THE DEPARTMENT OF
    11  PUBLIC WELFARE CONTAINED IN THE ACT OF JULY 4, 1979 (P.L.626,
    12  NO.9A), KNOWN AS THE "GENERAL APPROPRIATION ACT OF 1979," UNDER
    13  THE ITEM "FOR PAYMENT OF COSTS FOR BASIC EDUCATION PROGRAMS TO
    14  BE CONDUCTED AT SELECTED APPROVED PRIVATE FACILITIES."
    15  NOTWITHSTANDING ANY AUTOMATIC OR GENERAL LAPSING PROVISIONS OF
    16  THE "GENERAL APPROPRIATION ACT OF 1979" TO THE CONTRARY, SUCH
    17  LINE ITEM APPROPRIATION SHALL NOT LAPSE UNTIL JUNE 30, 1981. IF
    18  SUCH APPROPRIATION IS NOT SUFFICIENT TO REIMBURSE THE ACTUAL
    19  EXPENSES OF ALL ELIGIBLE INSTITUTIONS, TOTAL REIMBURSEMENT TO
    20  EACH INSTITUTION SHALL BE PROPORTIONATELY REDUCED SO THAT THE
    21  TOTAL AMOUNT OF THE REIMBURSEMENTS FALLS WITHIN THE LIMITS OF
    22  THE APPROPRIATION.]
    23     SECTION 2.  SECTION 917.1-A OF THE ACT, AMENDED JULY 10, 1986
    24  (P.L.1270, NO.117), IS AMENDED TO READ:
    25     SECTION 917.1-A.  COMMONWEALTH PAYMENTS.--(A)  FOR THE SCHOOL
    26  YEAR 1977-1978 THROUGH THE SCHOOL YEAR 1985-1986, THE
    27  COMMONWEALTH SHALL PAY TO INTERMEDIATE UNITS AN AMOUNT EQUAL TO
    28  THE PRODUCT OF THE STATEWIDE MEDIAN ACTUAL INSTRUCTION EXPENSE
    29  PER WEIGHTED AVERAGE DAILY MEMBERSHIP (WADM) BY THE PRODUCT OF
    30  FORTY-FIVE ONE-HUNDREDTHS OF ONE PERCENT (0.45%) AND THE AVERAGE
    19950H0837B3930                  - 3 -

     1  DAILY MEMBERSHIP OF ALL SCHOOL DISTRICTS IN THE COMMONWEALTH, AS
     2  DETERMINED BY THE SECRETARY OF EDUCATION ACCORDING TO THE LATEST
     3  AVAILABLE ACTUAL DATA. FOR THE SCHOOL YEAR 1986-1987 AND EACH
     4  SCHOOL YEAR THEREAFTER, THE COMMONWEALTH SHALL PAY TO
     5  INTERMEDIATE UNITS AN AMOUNT EQUAL TO THE PRODUCT OF THE
     6  STATEWIDE MEDIAN ACTUAL INSTRUCTION EXPENSE PER WEIGHTED AVERAGE
     7  DAILY MEMBERSHIP (WADM) BY THE PRODUCT OF FORTY ONE-HUNDREDTHS
     8  OF ONE PERCENT (0.40%) AND THE AVERAGE DAILY MEMBERSHIP OF ALL
     9  SCHOOL DISTRICTS IN THE COMMONWEALTH, AS DETERMINED BY THE
    10  SECRETARY OF EDUCATION ACCORDING TO THE LATEST AVAILABLE DATA.
    11     (B)  FOR THE SCHOOL YEAR 1977-1978 AND EACH SCHOOL YEAR
    12  THEREAFTER, EACH INTERMEDIATE UNIT SHALL BE PAID THE AMOUNT IT
    13  RECEIVED FROM THE COMMONWEALTH FOR THE 1976-1977 SCHOOL YEAR.
    14     (C)  IN ADDITION TO THE AMOUNT PAID TO EACH INTERMEDIATE UNIT
    15  UNDER SUBSECTION (B), EACH INTERMEDIATE UNIT SHALL BE PAID FOR
    16  THE 1977-1978 SCHOOL YEAR THROUGH THE 1985-1986 SCHOOL YEAR AN
    17  AMOUNT DETERMINED BY SUBTRACTING THE TOTAL PAYMENTS UNDER
    18  SUBSECTION (B) FROM THE TOTAL ALLOCATION UNDER SUBSECTION (A)
    19  DIVIDED BY THE AVERAGE DAILY MEMBERSHIP (ADM) OF ALL SCHOOL
    20  DISTRICTS IN THE COMMONWEALTH MULTIPLIED BY THE AVERAGE DAILY
    21  MEMBERSHIP (ADM) OF ALL COMPONENT SCHOOL DISTRICTS IN THE
    22  INTERMEDIATE UNIT, AS DETERMINED BY THE SECRETARY OF EDUCATION
    23  ACCORDING TO THE LATEST ACTUAL DATA AVAILABLE. IN ADDITION TO
    24  THE AMOUNT PAID TO EACH INTERMEDIATE UNIT UNDER SUBSECTION (B),
    25  EACH INTERMEDIATE UNIT SHALL BE PAID FOR THE 1986-1987 SCHOOL
    26  YEAR [AND EACH YEAR THEREAFTER] THROUGH THE 1995-1996 SCHOOL
    27  YEAR AN AMOUNT DETERMINED BY SUBTRACTING THE TOTAL PAYMENTS
    28  UNDER SUBSECTION (B) FROM THE TOTAL ALLOCATION UNDER SUBSECTION
    29  (A). ONE-HALF OF THAT AMOUNT SHALL BE DIVIDED BY TWENTY-NINE AND
    30  THE AMOUNT DERIVED PAID TO EACH INTERMEDIATE UNIT. THE REMAINING
    19950H0837B3930                  - 4 -

     1  ONE-HALF SHALL BE DIVIDED BY THE AVERAGE DAILY MEMBERSHIP (ADM)
     2  OF ALL SCHOOL DISTRICTS IN THE COMMONWEALTH AND MULTIPLIED BY
     3  THE AVERAGE DAILY MEMBERSHIP (ADM) OF ALL COMPONENT SCHOOL
     4  DISTRICTS IN THE INTERMEDIATE UNIT, AS DETERMINED BY THE
     5  SECRETARY OF EDUCATION ACCORDING TO THE LATEST ACTUAL AVAILABLE
     6  DATA, AND THE AMOUNT DERIVED PAID TO EACH INTERMEDIATE UNIT.
     7     [(D)  IN JANUARY OF EACH YEAR, THE SECRETARY OF EDUCATION
     8  SHALL DETERMINE FOR EACH INTERMEDIATE UNIT THE AMOUNT TO BE
     9  RECEIVED FOR THE SUCCEEDING FISCAL YEAR.
    10     (E)  ANY FUNDS EXPENDED BY INTERMEDIATE UNITS ON SPECIAL
    11  EDUCATION INSTRUCTION SHALL BE ADDED TO THE SPECIAL EDUCATION
    12  BASE ALLOCATION FOR PURPOSES OF CALCULATING THE BASE INCREASE
    13  FOR SPECIAL EDUCATION PROGRAMS.]
    14     (F)  FOR THE 1996-1997 SCHOOL YEAR, EACH INTERMEDIATE UNIT
    15  SHALL RECEIVE FIFTY PERCENT (50%) OF ITS AMOUNT RECEIVED UNDER
    16  THIS SECTION FOR THE 1995-1996 SCHOOL YEAR.
    17     SECTION 3.  THE ACT IS AMENDED BY ADDING A SECTION TO READ:
    18     Section 1204.1.  Standard Employment Application.--(a)  The
    19  Secretary of Education, in consultation with organizations
    20  representing school administrators, including personnel
    21  administrators, teachers and school boards, shall develop a
    22  standard employment application form for use by individuals
    23  eligible for or in possession of instructional, vocational
    24  instructional, intern or vocational intern teaching
    25  certificates, in making application for employment with school
    26  districts within this Commonwealth.
    27     (b)  School districts shall use these standard employment
    28  application forms for applicants for teaching positions;
    29  however, in no case shall the provisions of this section
    30  preclude a school district from establishing and implementing
    19950H0837B3930                  - 5 -

     1  other application requirements.
     2     (c)  The form shall be made available to approved colleges
     3  and universities of teacher education. The form may be
     4  duplicated by these institutions and distributed to graduates of
     5  the institution seeking employment in school districts of this
     6  Commonwealth.
     7     Section 2.  This act shall take effect as follows:             <--
     8         (1)  The addition of section 1204.1(b) and (c) of the act
     9     shall take effect January 1, 1997.
    10         (2)  The remainder of this act shall take effect
    11     immediately.
    12     SECTION 4.  THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:   <--
    13                           ARTICLE XV-A.
    14                       PROJECT LINK TO LEARN.
    15     SECTION 1501-A.  LEGISLATIVE FINDINGS.--THE GENERAL ASSEMBLY
    16  FINDS AS FOLLOWS:
    17     (1)  PENNSYLVANIA'S ABILITY TO COMPETE IN AN INCREASINGLY
    18  GLOBAL ECONOMY DEPENDS UPON ITS STUDENTS BEING EQUIPPED WITH THE
    19  SKILLS NEEDED FOR THE TWENTY-FIRST CENTURY WHICH INCLUDES
    20  TECHNOLOGY SKILLS.
    21     (2)  TECHNOLOGIES SUCH AS COMPUTERS, EDUCATIONAL SOFTWARE,
    22  SATELLITE DISHES AND ACCESS TO TELECOMMUNICATIONS NETWORKS HAVE
    23  THE POTENTIAL TO SIGNIFICANTLY IMPROVE THE EDUCATION PROVIDED TO
    24  STUDENTS IN THIS COMMONWEALTH AND TO ENHANCE THEIR ABILITY TO
    25  PARTICIPATE IN THE INCREASINGLY TECHNOLOGICAL AND INFORMATION-
    26  DRIVEN ECONOMY OF THE TWENTY-FIRST CENTURY.
    27     (3)  A WELL-TRAINED AND WELL-EDUCATED WORK FORCE IS ESSENTIAL
    28  TO THE ECONOMIC WELL-BEING OF THIS COMMONWEALTH.
    29     (4)  MANY SCHOOLS DO NOT HAVE SUFFICIENT FINANCIAL RESOURCES
    30  TO PROVIDE STUDENTS WITH ACCESS TO ADVANCED TECHNOLOGIES, AND
    19950H0837B3930                  - 6 -

     1  MANY SCHOOL DISTRICT TEACHERS AND STAFF DO NOT HAVE SUFFICIENT
     2  TRAINING TO EFFECTIVELY UTILIZE TECHNOLOGY IN SCHOOLS.
     3     (5)  THERE IS A NEED FOR A WIDELY ACCESSIBLE STATEWIDE
     4  TELECOMMUNICATIONS INFRASTRUCTURE IN ORDER TO ENABLE
     5  PENNSYLVANIA SCHOOLS TO RECEIVE AND BENEFIT FROM EXISTING AND
     6  EXPECTED EDUCATIONAL SERVICES AND APPLICATIONS.
     7     SECTION 1502-A.  DEFINITIONS.--AS USED IN THIS ARTICLE,
     8     "COMMUNITY COLLEGE" SHALL MEAN A PUBLIC COLLEGE OR TECHNICAL
     9  INSTITUTE WHICH IS ESTABLISHED AND OPERATED UNDER ARTICLE XIX-A
    10  AND ALL BRANCH CAMPUSES OF A COMMUNITY COLLEGE OR TECHNICAL
    11  INSTITUTE.
    12     "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF EDUCATION OF THE
    13  COMMONWEALTH.
    14     "INDEPENDENT INSTITUTION OF HIGHER EDUCATION" SHALL MEAN AN
    15  INSTITUTION OF HIGHER EDUCATION WHICH IS OPERATED NOT-FOR-
    16  PROFIT, LOCATED IN AND INCORPORATED OR CHARTERED BY THE
    17  COMMONWEALTH, ENTITLED TO CONFER DEGREES AS SET FORTH IN SECTION
    18  211 OF THE ACT OF MAY 5, 1933 (P.L.289, NO.105), KNOWN AS THE
    19  "NONPROFIT CORPORATION LAW" OR UNDER 24 PA.C.S. CHAPTER 65
    20  (RELATING TO PRIVATE COLLEGES, UNIVERSITIES AND SEMINARIES) AND
    21  ENTITLED TO APPLY TO ITSELF THE DESIGNATION "COLLEGE" OR
    22  "UNIVERSITY" AS PROVIDED FOR BY STANDARDS AND QUALIFICATIONS
    23  PRESCRIBED UNDER 24 PA.C.S. CH. 65.
    24     "THE PENNSYLVANIA EDUCATION NETWORK" OR "PEN" SHALL MEAN THE
    25  STATEWIDE TELECOMMUNICATIONS NETWORK WHICH WILL BE DEVELOPED BY
    26  BUILDING UPON AND INTEGRATING, WHERE APPROPRIATE, EXISTING
    27  TELECOMMUNICATIONS INFRASTRUCTURES AND RESOURCES. EDUCATIONAL
    28  INSTITUTIONS WILL BE ABLE TO CONNECT TO THIS NETWORK TO BE
    29  LINKED TO OTHER TEACHERS, ADMINISTRATORS, STUDENTS, EXPERTS AND
    30  OTHER INFORMATION RESOURCES.
    19950H0837B3930                  - 7 -

     1     "STATE-OWNED INSTITUTION" SHALL MEAN AN INSTITUTION WHICH IS
     2  PART OF STATE SYSTEM OF HIGHER EDUCATION UNDER ARTICLE XX-A AND
     3  ALL BRANCHES AND CAMPUSES OF A STATE-OWNED INSTITUTION.
     4     "STATE-RELATED INSTITUTION" SHALL MEAN THE PENNSYLVANIA STATE
     5  UNIVERSITY, INCLUDING THE PENNSYLVANIA COLLEGE OF TECHNOLOGY,
     6  THE UNIVERSITY OF PITTSBURGH, TEMPLE UNIVERSITY AND LINCOLN
     7  UNIVERSITY AND THEIR BRANCH CAMPUSES.
     8     "TECHNOLOGY" SHALL MEAN ANY TECHNICAL OR SCIENTIFIC METHOD OF
     9  SENDING, RECEIVING, STORING, PACKAGING OR ASSIMILATING AUDIO,
    10  VIDEO, GRAPHICS, DATA OR ANY COMBINATION THEREOF BY MEANS OF
    11  ELECTROMAGNETIC SIGNAL AND ANY EQUIPMENT, PROCESSES AND
    12  FACILITIES USED FOR THAT PURPOSE.
    13     SECTION 1503-A.  BASIC EDUCATION GRANTS.--(A)  GRANTS SHALL
    14  BE ALLOCATED TO SCHOOL DISTRICTS BY THE DEPARTMENT FROM FUNDS
    15  APPROPRIATED FOR THIS PURPOSE. A NONPUBLIC SCHOOL, AN AREA
    16  VOCATIONAL-TECHNICAL SCHOOL, AN INTERMEDIATE UNIT OR LOCAL
    17  LIBRARY MAY PARTICIPATE IN THE GRANT PROCESS THROUGH A
    18  PARTNERSHIP WITH A SCHOOL DISTRICT.
    19     (B)  GRANTS SHALL BE USED TO:
    20     (1)  IMPROVE THE QUALITY AND QUANTITY OF TECHNOLOGY WITHIN
    21  THE SCHOOL BY PURCHASING TECHNOLOGY AND SOFTWARE IN ACCORDANCE
    22  WITH STANDARDS DEVELOPED BY THE DEPARTMENT AND THE OFFICE OF
    23  ADMINISTRATION.
    24     (2)  EQUIP SCHOOLS WITH THE APPROPRIATE LOCAL AREA NETWORKING
    25  (LAN) AND WIDE AREA NETWORK (WAN) TECHNOLOGIES SO THAT SCHOOLS
    26  CAN CONNECT TO THE PENNSYLVANIA EDUCATION NETWORK.
    27     (3)  PROVIDE FOR THE TRAINING OF TEACHERS AND STAFF IN WAYS
    28  TO EFFECTIVELY INTEGRATE THE TECHNOLOGY WITH THE CURRICULUM.
    29     (C)  (1)  GRANTS SHALL BE ALLOCATED THROUGH A GRANT REVIEW
    30  PROCESS ESTABLISHED BY THE SECRETARY OF EDUCATION.
    19950H0837B3930                  - 8 -

     1     (2)  THE SECRETARY SHALL ESTABLISH MATCHING REQUIREMENTS FOR
     2  GRANT RECIPIENTS WITH A MARKET VALUE/INCOME AID RATIO, AS
     3  DEFINED IN SECTION 2501 OF THIS ACT, WHICH IS LESS THAN .4000.
     4  GRANT RECIPIENTS WITH A MARKET VALUE/INCOME AID RATIO WHICH IS
     5  EQUAL TO OR GREATER THAN .7000 SHALL BE ELIGIBLE FOR LARGER
     6  GRANT AWARDS AS DETERMINED BY THE SECRETARY. A SCHOOL DISTRICT
     7  OF THE FIRST CLASS SHALL BE ELIGIBLE FOR A GRANT AWARD WHICH
     8  SHALL NOT EXCEED THREE MILLION DOLLARS ($3,000,000) AND A SCHOOL
     9  DISTRICT OF THE FIRST CLASS A SHALL BE ELIGIBLE FOR A GRANT
    10  AWARD WHICH SHALL NOT EXCEED SIX HUNDRED THOUSAND DOLLARS
    11  ($600,000), UNLESS THE GRANT AWARDS ARE INCLUDED WITHIN A
    12  PARTNERSHIP.
    13     (3)  THE APPLICATION FOR A GRANT SHALL BE MADE AT SUCH TIME
    14  AND IN SUCH FORM AS THE SECRETARY OF EDUCATION MAY REQUIRE.
    15     (4)  PRIORITY WILL BE GIVEN TO THOSE APPLICATIONS WHICH
    16  CONSIST OF PARTNERSHIPS.
    17     SECTION 1504-A.  HIGHER EDUCATION FUNDING.--(A)  THE
    18  DEPARTMENT AND THE OFFICE OF ADMINISTRATION SHALL ESTABLISH
    19  MANAGEMENT TEAMS TO PROVIDE DIRECTION AND OVERSIGHT AND TO
    20  DISTRIBUTE FUNDS APPROPRIATED FOR THE RESEARCHING, PLANNING AND
    21  DEVELOPMENT OF THE PENNSYLVANIA EDUCATION NETWORK WHICH SHALL
    22  INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING FOCUS AREAS:
    23     (1)  DOCUMENTING PUBLIC AND PRIVATE TECHNOLOGY RESOURCES,
    24  INCLUDING, BUT NOT LIMITED TO, EXISTING TELECOMMUNICATIONS
    25  NETWORKS, VIDEO CONFERENCING CAPABILITIES AND DISTANCE EDUCATION
    26  COURSES AND IDENTIFYING TECHNOLOGY TRANSFER OPPORTUNITIES THAT
    27  CAN BE LEVERAGED FOR THE PENNSYLVANIA EDUCATION NETWORK.
    28     (2)  ESTABLISHING TECHNOLOGY TEST-BED SITES TO DEVELOP
    29  EDUCATIONAL CONTENT AND EVALUATE COMPETING TECHNOLOGIES AND
    30  METHODOLOGIES.
    19950H0837B3930                  - 9 -

     1     (3)  DEVELOPING A SHARED STATEWIDE VISION AND STRATEGIC PLAN
     2  FOR BUILDING THE PENNSYLVANIA EDUCATION NETWORK.
     3     (B)  THE MANAGEMENT TEAMS SHALL BE COMPRISED OF
     4  REPRESENTATIVES FROM STATE-OWNED INSTITUTIONS, STATE-RELATED
     5  INSTITUTIONS, COMMUNITY COLLEGES AND INDEPENDENT COLLEGES AND
     6  UNIVERSITIES IN PENNSYLVANIA, INTERMEDIATE UNITS AND
     7  REPRESENTATIVES FROM THE COMMONWEALTH.
     8     (C)  EACH TEAM SHALL BE RESPONSIBLE FOR DEFINING THE SCOPE OF
     9  WORK, GOALS, OBJECTIVES, TASK ASSIGNMENTS AND BUDGET FOR ITS
    10  RESPECTIVE FOCUS AREA.
    11     (D)  (1)  FUNDS SHALL BE DISTRIBUTED THROUGH A REQUEST FOR
    12  PROPOSAL PROCESS WHICH WILL BE SCORED BASED ON MERIT.
    13     (2)  ELIGIBLE APPLICANTS SHALL INCLUDE THE STATE SYSTEM OF
    14  HIGHER EDUCATION, THE STATE-RELATED UNIVERSITIES, INCLUDING THE
    15  PENNSYLVANIA COLLEGE OF TECHNOLOGY, COMMUNITY COLLEGES AND
    16  INDEPENDENT COLLEGES AND UNIVERSITIES.
    17     (3)  PRIORITY SHALL BE GIVEN TO APPLICATIONS CONSISTING OF
    18  PARTNERSHIPS.
    19     (E)  EACH TEAM MANAGER SHALL REPORT TO AND SHALL BE HELD
    20  ACCOUNTABLE BY THE SECRETARY OF EDUCATION AND THE SECRETARY OF
    21  ADMINISTRATION OR THEIR DESIGNEE, THE FORM AND MANNER TO BE
    22  DETERMINED BY THE SECRETARY OF EDUCATION.
    23     SECTION 5.  SECTION 1913-A(B)(1.4) OF THE ACT, AMENDED JUNE
    24  30, 1995 (P.L.220, NO.26), IS AMENDED TO READ:
    25     SECTION 1913-A.  FINANCIAL PROGRAM; REIMBURSEMENT OR
    26  PAYMENTS.--* * *
    27     (B)  * * *
    28     (1.4)  THE EQUIVALENT FULL-TIME STUDENT REIMBURSEMENT OF A
    29  COMMUNITY COLLEGE SHALL BE THE SUM OF CREDIT COURSE, NONCREDIT
    30  COURSE AND STIPEND REIMBURSEMENTS. THESE REIMBURSEMENTS SHALL BE
    19950H0837B3930                 - 10 -

     1  CALCULATED USING A REIMBURSEMENT FACTOR OF ONE THOUSAND AND
     2  FORTY DOLLARS ($1,040) FOR THE 1993-1994 FISCAL YEAR, OF ONE
     3  THOUSAND EIGHTY DOLLARS ($1,080) FOR THE 1994-1995 FISCAL YEAR
     4  AND OF ONE THOUSAND ONE HUNDRED EIGHTY DOLLARS ($1,180) FOR THE
     5  1995-1996 FISCAL YEAR AND ONE THOUSAND AND TWO HUNDRED AND TEN
     6  DOLLARS ($1,210) FOR THE 1996-1997 FISCAL YEAR AND FOR EACH YEAR
     7  THEREAFTER AND SHALL BE DETERMINED AS FOLLOWS:
     8     (I)  CREDIT COURSE REIMBURSEMENT SHALL BE CALCULATED BY
     9  MULTIPLYING THE REIMBURSEMENT FACTOR BY THE NUMBER OF EQUIVALENT
    10  FULL-TIME STUDENTS ENROLLED IN CREDIT COURSES AS DETERMINED BY
    11  AN AUDIT TO BE MADE IN A MANNER PRESCRIBED BY THE STATE BOARD OF
    12  EDUCATION.
    13     (II)  NONCREDIT COURSE REIMBURSEMENT SHALL BE CALCULATED AS
    14  FOLLOWS:
    15     (A)  EIGHTY PERCENT (80%) OF THE REIMBURSEMENT FACTOR
    16  MULTIPLIED BY THE NUMBER OF EQUIVALENT FULL-TIME STUDENTS
    17  ENROLLED IN ELIGIBLE NONCREDIT COURSES FOR THE 1993-1994 FISCAL
    18  YEAR, AS DETERMINED BY THE AUDIT REFERRED TO IN PARAGRAPH (I);
    19     (B)  SEVENTY PERCENT (70%) OF THE REIMBURSEMENT FACTOR
    20  MULTIPLIED BY THE NUMBER OF EQUIVALENT FULL-TIME STUDENTS
    21  ENROLLED IN ELIGIBLE NONCREDIT COURSES FOR THE 1994-1995 FISCAL
    22  YEAR AND FOR EACH YEAR THEREAFTER, AS DETERMINED BY THE AUDIT
    23  REFERRED TO IN PARAGRAPH (I); OR
    24     (C)  ONE HUNDRED PERCENT (100%) OF THE REIMBURSEMENT FACTOR
    25  MULTIPLIED BY THE NUMBER OF EQUIVALENT FULL-TIME STUDENTS
    26  ENROLLED IN ELIGIBLE NONCREDIT PUBLIC SAFETY COURSES THAT
    27  PROVIDE TRAINING FOR VOLUNTEER FIREFIGHTERS AND EMERGENCY
    28  MEDICAL SERVICES FOR THE 1995-1996 FISCAL YEAR AND FOR EACH YEAR
    29  THEREAFTER, AS DETERMINED BY THE AUDIT REFERRED TO IN PARAGRAPH
    30  (I).
    19950H0837B3930                 - 11 -

     1     (III)  STIPEND REIMBURSEMENT ON ACCOUNT OF A COMMUNITY
     2  COLLEGE'S OPERATING COSTS FOR ALL EQUIVALENT FULL-TIME STUDENTS
     3  ENROLLED IN THE FOLLOWING CATEGORIES OF TWO-YEAR OR LESS THAN
     4  TWO-YEAR OCCUPATIONAL OR TECHNICAL PROGRAMS, SHALL BE THE SUM OF
     5  THE FOLLOWING:
     6     (A)  ONE THOUSAND ONE HUNDRED DOLLARS ($1,100) PER FULL-TIME
     7  EQUIVALENT STUDENT ENROLLED IN ADVANCED TECHNOLOGY PROGRAMS. FOR
     8  THE FISCAL YEAR 1995-1996 AND EACH YEAR THEREAFTER, THE
     9  REIMBURSEMENT RATE SHALL BE CALCULATED AT ONE THOUSAND ONE
    10  HUNDRED SEVENTY-FIVE DOLLARS ($1,175) PER FULL-TIME EQUIVALENT
    11  STUDENT ENROLLED IN ADVANCED TECHNOLOGY PROGRAMS. ADVANCED
    12  TECHNOLOGY PROGRAMS ARE PROGRAMS USING NEW OR ADVANCED
    13  TECHNOLOGIES WHICH HOLD PROMISE FOR CREATING NEW JOB
    14  OPPORTUNITIES, INCLUDING SUCH FIELDS AS ROBOTICS, BIOTECHNOLOGY,
    15  SPECIALIZED MATERIALS AND ENGINEERING AND ENGINEERING-RELATED
    16  PROGRAMS.
    17     (B)  ONE THOUSAND DOLLARS ($1,000) PER FULL-TIME EQUIVALENT
    18  STUDENT ENROLLED IN PROGRAMS DESIGNATED AS STATEWIDE PROGRAMS.
    19  FOR THE FISCAL YEAR 1995-1996 AND EACH YEAR THEREAFTER, THE
    20  REIMBURSEMENT RATE SHALL BE CALCULATED AT ONE THOUSAND SEVENTY-
    21  FIVE DOLLARS ($1,075) PER FULL-TIME EQUIVALENT STUDENT ENROLLED
    22  IN PROGRAMS DESIGNATED AS STATEWIDE PROGRAMS. A STATEWIDE
    23  PROGRAM IS A PROGRAM WHICH MEETS ONE OR MORE OF THE FOLLOWING
    24  CRITERIA:
    25     (I)  PROGRAM ENROLLMENT FROM OUT-OF-SPONSOR AREA IS TWENTY
    26  PER CENT OR MORE OF THE ENROLLMENT FOR THE PROGRAM.
    27     (II)  A CONSORTIAL ARRANGEMENT EXISTS WITH ANOTHER COMMUNITY
    28  COLLEGE TO COOPERATIVELY OPERATE A PROGRAM OR SHARE REGIONS IN
    29  ORDER TO AVOID UNNECESSARY PROGRAM DUPLICATION.
    30     (C)  FIVE HUNDRED DOLLARS ($500) PER FULL-TIME EQUIVALENT
    19950H0837B3930                 - 12 -

     1  STUDENT ENROLLED IN OTHER OCCUPATIONAL OR TECHNICAL PROGRAMS.
     2  FOR THE FISCAL YEAR 1995-1996 AND EACH YEAR THEREAFTER, THE
     3  REIMBURSEMENT RATE SHALL BE CALCULATED AT FIVE HUNDRED SEVENTY-
     4  FIVE DOLLARS ($575) PER FULL-TIME EQUIVALENT STUDENT ENROLLED IN
     5  OTHER OCCUPATIONAL OR TECHNICAL PROGRAMS.
     6     * * *
     7     SECTION 6.  SECTION 2110 OF THE ACT IS AMENDED TO READ:
     8     SECTION 2110.  ELIGIBLE LISTS OF PERSONS QUALIFIED TO TEACH;
     9  APPOINTMENTS.--(A)  ELIGIBLE LISTS, PROPERLY CLASSIFIED
    10  CONTAINING THE NAMES OF PERSONS WHO HAVE RECEIVED CERTIFICATES
    11  OF QUALIFICATIONS TO TEACH, AND ARRANGED AS NEARLY AS POSSIBLE
    12  IN THE ORDER OF RANK OR STANDING, SHALL BE KEPT IN THE OFFICE OF
    13  THE SUPERINTENDENT OF SCHOOLS, AND SHALL BE OPEN TO INSPECTION
    14  BY MEMBERS OF THE BOARD OF PUBLIC EDUCATION, ASSOCIATE AND
    15  DISTRICT SUPERINTENDENTS, AND PRINCIPALS.
    16     (B)  EXCEPT AS SUPERINTENDENT OF SCHOOLS, ASSOCIATE
    17  SUPERINTENDENT, ASSISTANT DISTRICT SUPERINTENDENT, DIRECTOR OF A
    18  SPECIAL BRANCH, OR AS A PRINCIPAL OF A HIGH SCHOOL, JUNIOR HIGH
    19  SCHOOL, STATE TEACHERS' COLLEGE, OR VOCATIONAL SCHOOL, NO PERSON
    20  SHALL BE APPOINTED, PROMOTED, OR TRANSFERRED TO ANY EDUCATIONAL
    21  POSITION IN THE PUBLIC SCHOOL SYSTEM, IN SCHOOL DISTRICTS OF THE
    22  FIRST CLASS, WHOSE NAME DOES NOT APPEAR AMONG THE THREE HIGHEST
    23  NAMES UPON THE PROPER ELIGIBLE LIST[.], AND IN SCHOOL DISTRICTS
    24  OF THE FIRST CLASS A, WHOSE NAME DOES NOT APPEAR AMONG THE TOP
    25  FIVE NAMES UPON THE PROPER ELIGIBLE LIST, OR WITHIN THE TOP TEN
    26  PER CENTUM (10%) OF THE NAMES UPON THE LIST, WHICHEVER IS
    27  GREATER. NO PERSON HOLDING A POSITION AT THE TIME OF THE PASSAGE
    28  OF THIS ACT SHALL BE DISPLACED BY THE ABOVE PROVISIONS.
    29     SECTION 7.  SECTION 2502.27 OF THE ACT, ADDED JUNE 7, 1993
    30  (P.L.49, NO.16), IS AMENDED TO READ:
    19950H0837B3930                 - 13 -

     1     SECTION 2502.27.  DISCRETIONARY FUNDS TO ASSIST SCHOOL
     2  DISTRICTS EXPERIENCING EXTREME FINANCIAL DIFFICULTY.--(A)  A SUM
     3  OF ONE MILLION DOLLARS ($1,000,000) FROM THE AMOUNT APPROPRIATED
     4  IN THE ACT OF MAY 28, 1993 (P.L.589, NO.1A), KNOWN AS THE
     5  GENERAL APPROPRIATION ACT OF 1993, FOR THE EQUITY SUPPLEMENT,
     6  AND ANY REMAINDER IF THE SUM APPROPRIATED FOR THE 1993-1994
     7  FISCAL YEAR FOR PAYMENTS IN SECTION 2502.20 EXCEEDS THE AMOUNTS
     8  TO WHICH ALL QUALIFYING SCHOOL DISTRICTS ARE ENTITLED, SHALL BE
     9  SET ASIDE AS DISCRETIONARY FUNDS TO ASSIST SCHOOL DISTRICTS THAT
    10  HAVE BEEN DECLARED DISTRESSED PURSUANT TO SECTION 691 AND/OR
    11  SCHOOL DISTRICTS IN NEED OF ADDITIONAL SUPPORT BECAUSE OF
    12  EXTREME FINANCIAL DIFFICULTIES. THE SECRETARY OF EDUCATION SHALL
    13  ESTABLISH GUIDELINES FOR SCHOOL DISTRICTS' APPLICATIONS FOR
    14  THESE FUNDS, DEPARTMENT APPROVAL OF APPLICATIONS FOR FUNDS,
    15  DEPARTMENT DISTRIBUTION OF FUNDS AND SCHOOL DISTRICTS'
    16  EXPENDITURE OF THESE FUNDS. THE SECRETARY OF EDUCATION SHALL
    17  REPORT TO THE GENERAL ASSEMBLY ON SUCH EXPENDITURES.
    18     (B)  FOR THE 1996-1997 FISCAL YEAR, THE SUM OF ONE MILLION
    19  FOUR HUNDRED FIFTY THOUSAND DOLLARS ($1,450,000) SHALL BE
    20  ALLOCATED BY THE SECRETARY OF EDUCATION, TO SCHOOL DISTRICTS
    21  WHICH PREVIOUSLY RECEIVED PAYMENTS UNDER SUBSECTION (A), AND
    22  WHICH DO NOT RECEIVE FUNDING UNDER SECTION 2502.30 OF THIS ACT.
    23  THE ALLOCATION SHALL BE MADE FROM UNDISTRIBUTED FUNDS NOT
    24  EXPENDED, ENCUMBERED OR COMMITTED FROM APPROPRIATIONS FOR ANY
    25  FISCAL YEAR FROM GRANTS AND SUBSIDIES MADE TO THE DEPARTMENT OF
    26  EDUCATION. THE SCHOOL DISTRICTS SHALL RECEIVE AN AMOUNT EQUAL TO
    27  THE AMOUNT PREVIOUSLY RECEIVED PURSUANT TO SUBSECTION (A).
    28     (C)  PAYMENTS MADE PURSUANT TO SUBSECTION (B) SHALL BE PAID
    29  FROM A RESTRICTED RECEIPT ACCOUNT, WHICH IS HEREBY ESTABLISHED,
    30  FOR SUCH PAYMENTS. FUNDS SHALL BE TRANSFERRED BY THE SECRETARY
    19950H0837B3930                 - 14 -

     1  OF THE BUDGET TO THE RESTRICTED ACCOUNT ONLY TO THE EXTENT
     2  NECESSARY TO MAKE THE PAYMENTS AUTHORIZED BY THIS SECTION. THE
     3  MONEY IN THE RESTRICTED ACCOUNT IS HEREBY APPROPRIATED FROM THE
     4  ACCOUNT FOR PURPOSES OF THIS SECTION.
     5     SECTION 8.  SECTIONS 2502.29(B) AND 2502.30 OF THE ACT, ADDED
     6  JUNE 30, 1995 (P.L.220, NO.26), ARE AMENDED TO READ:
     7     SECTION 2502.29.  BASIC EDUCATION FUNDING.--* * *
     8     (B)  (1)  FOR 1994-1995 SCHOOL YEAR, EACH SCHOOL DISTRICT
     9  SHALL RECEIVE THE AMOUNT CALCULATED PURSUANT TO CLAUSE (2) OR
    10  (3), WHICHEVER IS GREATER.
    11     (2)  THE BASE AMOUNT OF THE DISTRICT DIVIDED BY THE AVERAGE
    12  DAILY MEMBERSHIP OF THE DISTRICT DURING THE 1993-1994 SCHOOL
    13  YEAR MULTIPLIED BY ONE HUNDRED THREE PER CENTUM (103%)
    14  MULTIPLIED BY THE AVERAGE DAILY MEMBERSHIP OF THE DISTRICT
    15  DURING THE 1994-1995 SCHOOL YEAR.
    16     (3)  THE BASE AMOUNT OF THE DISTRICT MULTIPLIED BY ONE
    17  HUNDRED ONE PER CENTUM (101%) IF THE MARKET VALUE/INCOME AID
    18  RATIO (MV/PIAR) IS LESS THAN FIVE THOUSAND TEN-THOUSANDTHS
    19  (0.5000), THE BASE AMOUNT OF THE DISTRICT MULTIPLIED BY ONE
    20  HUNDRED TWO PER CENTUM (102%) IF THE MARKET VALUE/INCOME AID
    21  RATIO (MV/PIAR) IS GREATER THAN OR EQUAL TO FIVE THOUSAND TEN-
    22  THOUSANDTHS (0.5000) AND LESS THAN SEVEN THOUSAND TEN-
    23  THOUSANDTHS (0.7000), AND THE BASE AMOUNT OF THE DISTRICT
    24  MULTIPLIED BY ONE HUNDRED FOUR PER CENTUM (104%) IF THE MARKET
    25  VALUE/INCOME AID RATIO (MV/PIAR) IS GREATER THAN OR EQUAL TO
    26  SEVEN THOUSAND TEN-THOUSANDTHS (0.7000).
    27     SECTION 2502.30.  TEMPORARY SPECIAL AID TO SCHOOL DISTRICTS
    28  SUFFERING LOSS OF TAX REVENUE DUE TO REDUCTION IN ASSESSED
    29  VALUATION OF TAXABLE PROPERTY.--(A)  TEMPORARY SPECIAL AID SHALL
    30  BE PAID IN FISCAL YEARS 1994-1995, 1995-1996, 1996-1997 AND
    19950H0837B3930                 - 15 -

     1  1997-1998 TO SCHOOL DISTRICTS EXPERIENCING A SEVERE REDUCTION IN
     2  LOCAL REVENUE DUE TO A DECLINE IN THE ASSESSED VALUE OF TAXABLE
     3  PROPERTIES. THE ALLOCATION TO THESE DISTRICTS SHALL BE
     4  DETERMINED BY MULTIPLYING THE REDUCTION IN ASSESSED VALUE
     5  BETWEEN 1985-1986 AND 1992-1993 BY THE 1992-1993 REAL ESTATE
     6  MILLAGE RATE. THIS AID SHALL BE PAID FROM UNDISTRIBUTED FUNDS
     7  NOT EXPENDED, ENCUMBERED OR COMMITTED FROM APPROPRIATIONS FOR
     8  GRANTS AND SUBSIDIES MADE TO THE DEPARTMENT OF EDUCATION. NO
     9  OTHER FUNDS SHALL BE USED FOR ASSISTANCE UNDER THIS SECTION.
    10  THESE FUNDS SHALL BE SUFFICIENT TO PROVIDE TEMPORARY RELIEF TO
    11  SEVEN SCHOOL DISTRICTS IN FISCAL YEAR 1995-1996 AT SEVENTY-FIVE
    12  PER CENTUM (75%) OF THE FUNDS RECEIVED IN FISCAL YEAR 1994-1995,
    13  IN FISCAL YEAR 1996-1997 AT FIFTY PER CENTUM (50%) OF THE FUNDS
    14  RECEIVED IN FISCAL YEAR [1995-1996] 1994-1995 AND IN FISCAL YEAR
    15  1997-1998 AT TWENTY-FIVE PER CENTUM (25%) OF THE FUNDS RECEIVED
    16  IN FISCAL YEAR [1996-1997] 1994-1995. THIS SECTION SHALL EXPIRE
    17  OCTOBER 1, 1998.
    18     (B)  PAYMENTS MADE PURSUANT TO SUBSECTION (A) SHALL BE PAID
    19  FROM A RESTRICTED RECEIPT ACCOUNT, WHICH IS HEREBY ESTABLISHED,
    20  FOR SUCH PAYMENTS. FUNDS SHALL BE TRANSFERRED BY THE SECRETARY
    21  OF THE BUDGET TO THE RESTRICTED ACCOUNT ONLY TO THE EXTENT
    22  NECESSARY TO MAKE THE PAYMENTS AUTHORIZED BY THIS SECTION. THE
    23  MONEY IN THE RESTRICTED ACCOUNT IS HEREBY APPROPRIATED FROM THE
    24  ACCOUNT FOR PURPOSES OF THIS SECTION.
    25     SECTION 9.  THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
    26     SECTION 2502.31.  BASIC EDUCATION FUNDING.--FOR THE 1995-1996
    27  SCHOOL YEAR, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT
    28  A BASIC EDUCATION FUNDING ALLOCATION WHICH SHALL EQUAL THE
    29  AMOUNT THAT THE SCHOOL DISTRICT WAS ENTITLED TO RECEIVE, PRIOR
    30  TO ANY ADJUSTMENTS MADE UNDER THE PROVISIONS OF THIS ACT, FOR
    19950H0837B3930                 - 16 -

     1  THE 1994-1995 SCHOOL YEAR PURSUANT TO SECTIONS 2502.13 AND
     2  2502.29 BUT WHICH SHALL BE SUBJECT TO ALL ADJUSTMENT PROVISIONS
     3  OF THIS ACT FOR THE 1995-1996 SCHOOL YEAR.
     4     SECTION 2502.32.  FOR COURT-ORDERED PAYMENTS TO WOODLAND
     5  HILLS SCHOOL DISTRICT.--THE SECRETARY OF THE BUDGET SHALL
     6  DETERMINE THE AMOUNT NECESSARY TO MAKE COURT-ORDERED PAYMENTS TO
     7  THE WOODLAND HILLS SCHOOL DISTRICT. THE SECRETARY OF THE BUDGET
     8  SHALL TRANSFER THE AMOUNT NECESSARY FROM ANY FUNDS NOT EXPENDED,
     9  ENCUMBERED OR COMMITTED FROM APPROPRIATIONS FOR GRANTS AND
    10  SUBSIDIES MADE TO THE DEPARTMENT OF EDUCATION IN ANY FISCAL YEAR
    11  TO A RESTRICTED ACCOUNT WHICH IS HEREBY ESTABLISHED. THE MONEY
    12  IN THE RESTRICTED ACCOUNT IS HEREBY APPROPRIATED FROM THE
    13  ACCOUNT FOR THE PURPOSES OF THIS SECTION.
    14     SECTION 10.  SECTION 2509.1(B.1) OF THE ACT, AMENDED JUNE 30,
    15  1995 (P.L.220, NO.26), IS AMENDED AND THE SECTION IS AMENDED BY
    16  ADDING A SUBSECTION TO READ:
    17     SECTION 2509.1.  PAYMENTS TO INTERMEDIATE UNITS.--* * *
    18     (B.1)  FOR PROGRAMS OPERATED DURING THE 1992-1993 SCHOOL YEAR
    19  [AND THE 1993-1994 SCHOOL YEAR,] AND EACH SCHOOL YEAR
    20  THEREAFTER, THE COMMONWEALTH SHALL PAY INTERMEDIATE UNITS, BASED
    21  ON THEIR COSTS OF OPERATING AND ADMINISTERING CLASSES OR SCHOOLS
    22  FOR INSTITUTIONALIZED CHILDREN, AN AMOUNT TO BE DETERMINED BY
    23  THE DEPARTMENT OF EDUCATION FOLLOWING REVIEW OF ANNUAL REPORTS
    24  OF THE COSTS OF SUCH CLASSES OR SCHOOLS FOR THE IMMEDIATELY
    25  PRECEDING YEAR. TO QUALIFY FOR SUCH PAYMENTS, EACH INTERMEDIATE
    26  UNIT THAT OPERATES AND ADMINISTERS CLASSES OR SCHOOLS FOR
    27  INSTITUTIONALIZED CHILDREN ANNUALLY SHALL SUBMIT TO THE
    28  DEPARTMENT OF EDUCATION ON OR BEFORE THE FIRST DAY OF JULY A
    29  REPORT OF THE COST OF OPERATING AND ADMINISTERING SUCH CLASSES
    30  OR SCHOOLS. NOTWITHSTANDING THE FOREGOING, INTERMEDIATE UNITS
    19950H0837B3930                 - 17 -

     1  MAY SUBMIT THEIR ANNUAL REPORTS FOR THE 1991-1992 SCHOOL YEAR
     2  UNTIL JUNE 30, 1993, ALTHOUGH THIS DATE MAY BE EXTENDED AS
     3  DEEMED NECESSARY BY THE SECRETARY OF EDUCATION PROVIDED THAT FOR
     4  PROGRAMS OPERATED DURING THE 1992-1993 SCHOOL YEAR AND THE 1993-
     5  1994 SCHOOL YEAR THE AGGREGATE AMOUNTS PAID ON THIS ACCOUNT
     6  SHALL NOT EXCEED TWENTY MILLION SIX HUNDRED THOUSAND DOLLARS
     7  ($20,600,000) PER YEAR.
     8     * * *
     9     (B.4)  UP TO TWENTY MILLION DOLLARS ($20,000,000) MAY BE
    10  UTILIZED FOR PROGRAMS OPERATED DURING THE 1996-1997 SCHOOL YEAR
    11  FOR INSTITUTIONALIZED CHILDREN BY INTERMEDIATE UNITS AS
    12  ESTABLISHED IN SUBSECTION (B.1).
    13     * * *
    14     SECTION 11.  SECTION 2509.5(F) AND (G) OF THE ACT, ADDED JUNE
    15  7, 1993 (P.L.49, NO.16), ARE AMENDED AND THE SECTION IS AMENDED
    16  BY ADDING A SUBSECTION TO READ:
    17     SECTION 2509.5.  SPECIAL EDUCATION PAYMENTS TO SCHOOL
    18  DISTRICTS.--* * *
    19     (F)  THE SECRETARY OF EDUCATION SHALL DEVELOP A DEFINITION OF
    20  SEVERELY CLASSIFIED EXCEPTIONAL STUDENTS BY [SEPTEMBER 20, 1993]
    21  SEPTEMBER 20, 1996. THIS DEFINITION MAY INCLUDE THE PRIMARY
    22  EXCEPTIONALITY, LEVEL OF INTERVENTION, TYPE OF SUPPORT AND
    23  RELATED SERVICES REQUIREMENTS ELEMENTS CURRENTLY COLLECTED
    24  THROUGH THE PENNDATA SYSTEM. THIS DEFINITION SHALL NOT INCLUDE
    25  STUDENTS WHO ARE INSTITUTIONALIZED, IN APPROVED PRIVATE SCHOOL
    26  PLACEMENTS, IN DETENTION HOME PROGRAMS, IN MENTALLY GIFTED
    27  PROGRAMS OR IN EARLY INTERVENTION PROGRAMS OPERATED UNDER THE
    28  PROVISIONS OF THE ACT OF DECEMBER 19, 1990 (P.L.1372, NO.212),
    29  KNOWN AS THE "EARLY INTERVENTION SERVICES SYSTEM ACT." THIS
    30  DEFINITION SHALL BE SUBMITTED TO THE MAJORITY CHAIRMAN AND THE
    19950H0837B3930                 - 18 -

     1  MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE AND THE
     2  EDUCATION COMMITTEE OF THE SENATE AND THE MAJORITY CHAIRMAN AND
     3  THE MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE AND THE
     4  EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES FOR REVIEW
     5  AND COMMENT NO LATER THAN [SEPTEMBER 20, 1993] SEPTEMBER 20,
     6  1996. NO SOONER THAN FIFTEEN (15) DAYS AND NOT LATER THAN THIRTY
     7  (30) DAYS AFTER SUBMISSION OF THE PROPOSED DEFINITION TO THE
     8  COMMITTEES, THE SECRETARY OF EDUCATION SHALL APPROVE A
     9  DEFINITION OF SEVERELY CLASSIFIED EXCEPTIONAL STUDENTS.
    10     (G)  THE SECRETARY OF EDUCATION SHALL MODIFY THE PENNDATA
    11  SYSTEM TO COLLECT FOR EACH SCHOOL DISTRICT AN AVERAGE DAILY
    12  MEMBERSHIP COUNT OF THOSE EXCEPTIONAL STUDENTS CLASSIFIED AS
    13  SEVERE. THE SECRETARY OF EDUCATION SHALL USE THE APPROVED
    14  DEFINITION OF SEVERELY CLASSIFIED EXCEPTIONAL STUDENTS IN THE
    15  DEVELOPMENT OF THE PENNDATA REPORT "REPRESENTATION OF STUDENTS
    16  WITH SEVERE DISABILITIES IN SPECIAL EDUCATION." THE SECRETARY OF
    17  EDUCATION SHALL PROVIDE THE [1993-1994] 1994-1995 PENNDATA
    18  REPORT "REPRESENTATION OF STUDENTS WITH SEVERE DISABILITIES IN
    19  SPECIAL EDUCATION" DETAILING THE AVERAGE DAILY MEMBERSHIP BY
    20  CATEGORY OF EXCEPTIONALITY FOR EACH SCHOOL DISTRICT FOR THE
    21  [1993-1994] 1994-1995 ACADEMIC YEAR TO THE MAJORITY CHAIRMAN AND
    22  THE MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE AND THE
    23  EDUCATION COMMITTEE OF THE SENATE AND THE MAJORITY CHAIRMAN AND
    24  THE MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE AND THE
    25  EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES BY [FEBRUARY
    26  1, 1994] FEBRUARY 1, 1997, AND SHALL ANNUALLY THEREAFTER PROVIDE
    27  THE PENNDATA REPORT "REPRESENTATION OF STUDENTS WITH SEVERE
    28  DISABILITIES IN SPECIAL EDUCATION" DETAILING THE AVERAGE DAILY
    29  MEMBERSHIP BY CATEGORY OF EXCEPTIONALITY FOR EACH SCHOOL
    30  DISTRICT FOR THE CURRENT SCHOOL YEAR TO THE COMMITTEES BY THE
    19950H0837B3930                 - 19 -

     1  FIRST DAY OF FEBRUARY OF EACH YEAR.
     2     * * *
     3     (K)  DURING THE 1996-1997 SCHOOL YEAR, EACH SCHOOL DISTRICT
     4  SHALL BE PAID:
     5     (1)  AN AMOUNT TO BE DETERMINED BY MULTIPLYING FIFTEEN
     6  PERCENT (15%) OF ITS SCHOOL-AGE AVERAGE DAILY MEMBERSHIP BY ONE
     7  THOUSAND ONE HUNDRED FIFTEEN DOLLARS ($1,115); AND
     8     (2)  AN AMOUNT TO BE DETERMINED BY MULTIPLYING ONE PERCENT
     9  (1%) OF ITS SCHOOL-AGE AVERAGE DAILY MEMBERSHIP BY THIRTEEN
    10  THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS ($13,125).
    11  NO DISTRICT SHALL, HOWEVER, RECEIVE LESS THAN THE AMOUNT
    12  RECEIVED DURING THE 1995-1996 SCHOOL YEAR UNDER SUBSECTION (I).
    13     SECTION 12.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
    14         (1)  THE ADDITION OF SECTION 1204.1(B) AND (C) OF THE ACT
    15     SHALL TAKE EFFECT JANUARY 1, 1997.
    16         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JULY 1,
    17     1996, OR IMMEDIATELY, WHICHEVER IS LATER.









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