SENATE AMENDED PRIOR PRINTER'S NOS. 922, 1044, 3325 PRINTER'S NO. 3930
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. A31L24BIL/19950H0837B3930 - 20 -