PRIOR PRINTER'S NOS. 259, 1242, 1364 PRINTER'S NO. 1414
No. 252 Session of 1989
Report of the Committee of Conference
To the Members of the Senate and House of Representatives:
We, the undersigned, Committee of Conference on the part of
the Senate and House of Representatives for the purpose of
considering Senate Bill No. 252, entitled:
"An act amending the act of March 10, 1949 (P.L.30, No.14),
entitled 'An act relating to the public school system, including
certain provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the laws
relating thereto,' FURTHER PROVIDING FOR GROUP INSURANCE
CONTRACTS; further providing for property tax assessment in
certain school districts; FURTHER PROVIDING FOR SUBMISSION OF
BUDGETS BY INTERMEDIATE UNITS; PROVIDING FOR THE USE OF CERTAIN
RETURNED FUNDS; AND PROVIDING FOR BUSINESS ADMINISTRATORS,"
respectfully submit the following bill as our report:
RALPH W. HESS
F. JOSEPH LOEPER
ROBERT J. MELLOW
(Committee on the part of the Senate.)
RONALD R. COWELL
MAX PIEVSKY
SAMUEL E. HAYES, JR.
(Committee on the part of the House of Representatives.)
***This page intentionally left blank***
****THROW AWAY & PRINT AS BLANK PAGE****
19890S0252B1414 - 2 -
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 filling
6 vacancies on certain boards of school directors, for group
7 insurance contracts and for property tax assessments in
8 certain school districts; providing for business
9 administrators; further providing for the duties of the State
10 Board of Education; further providing for an economic
11 supplement; further defining "personal income valuation" and
12 "market value/income aid ratio" to expand tax credits for
13 income earned out-of-State; further providing for subsidies;
14 providing for equipment grants; and making editorial changes.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Sections 315, 316 and 317 of the act of March 10,
18 1949 (P.L.30, No.14), known as the Public School Code of 1949,
19 amended November 28, 1973 (P.L.361, No.127), are amended to
20 read:
21 Section 315. Filling of Vacancies.--In case any vacancy
22 shall occur in any board of school directors by reason of death,
23 resignation, removal from the district, or otherwise, such
24 vacancy shall, in a school district of the first class [or of
25 the first class A], be filled for the unexpired term by the
26 court of common pleas of the county in which such school
27 district is situated from the qualified electors of the
28 district; and in a school district of the second, third, or
29 fourth classes, the remaining members of the board of school
30 directors shall, by a majority vote thereof, fill such vacancy
31 from the qualified electors of the district within thirty (30)
32 days thereafter. In a district of the second, third, or fourth
33 class, the person selected to fill such vacancy shall be a
34 qualified elector of the district and shall hold his office, if
35 the term thereof so long continues, until the first Monday of
19890S0252B1414 - 3 -
1 December after the first municipal election occurring more than
2 sixty (60) days after [his appointment] the vacancy shall have
3 occurred. At such election an eligible person shall be elected
4 for the remainder of the unexpired term. If, by reason of a tie
5 vote or otherwise, such vacancy shall not have been filled by
6 the board of school directors within thirty (30) days after such
7 vacancy shall have occurred from the qualified electors of the
8 district, the court of common pleas of the proper county, upon
9 the petition of ten or more resident taxpayers, shall fill such
10 vacancy by the appointment of a suitable person from the
11 qualified electors of the district if the term of the vacant
12 office so long continues, until the first Monday of December
13 after the first municipal election occurring more than sixty
14 (60) days after [his appointment] the vacancy shall have
15 occurred. At such election an eligible person shall be elected
16 for the remainder of the unexpired term. When any member of a
17 board of school directors heretofore or hereafter enlists or is
18 inducted into the military or naval forces of the United States
19 in time of war, a temporary vacancy shall be declared, which
20 shall be filled by the remaining members of the board or the
21 court, as the case may be from the qualified electors of the
22 district, until the return of such member of the board from the
23 military or naval service, or until the expiration of the term
24 for which he shall have been elected, whichever shall be the
25 shorter period.
26 Section 316. Vacancies in Majority of Members.--In case
27 vacancies occur whereby the offices of a majority of the members
28 of any board of school directors, other than the board of school
29 directors of a school district of the first class or of the
30 first class A becomes vacant, such vacancies shall be filled by
19890S0252B1414 - 4 -
1 the court of common pleas of the county in which such school
2 district is situated from the qualified electors of the
3 district. The persons selected to fill such vacancies shall hold
4 their offices, if the terms thereof continue so long, until the
5 first Monday in December after the first municipal election
6 occurring more than sixty (60) days after [their appointment]
7 the vacancy shall have occurred, at which election eligible
8 persons shall be elected for the remainder of the respective
9 unexpired term.
10 Section 317. Vacancies in All Members.--If at any time
11 vacancies exist or occur in the membership of all the members of
12 any board of school directors in any school district, other than
13 a school district of the first class or of the first class A,
14 the court of common pleas of the county in which such district,
15 or the largest part in area thereof, is located, shall, after
16 ten (10) days from the time such vacancies exist or occur,
17 appoint a board of properly qualified persons from the qualified
18 electors of the district who shall serve, if the terms thereof
19 continue so long, until the first Monday in December after the
20 first municipal election occurring more than sixty (60) days
21 after [their appointment] the vacancy shall have occurred; at
22 which election a board of school directors for such district
23 shall be elected for the remainder of the respective unexpired
24 term. Whenever a vacancy of the entire membership of a board of
25 school directors in any school district of the fourth class
26 occurs, the executive director of the intermediate unit may
27 enter and take full charge of and, at the expense of the
28 district, maintain the schools thereof in accordance with the
29 provisions of the school laws of the Commonwealth, under the
30 direction of the Secretary of Education, and may continue in
19890S0252B1414 - 5 -
1 charge thereof until a board of school directors has been
2 appointed from the qualified electors of the district and has
3 qualified.
4 Section 2. Section 513(b.1) of the act, added October 20,
5 1988 (P.L.827, No.110), is amended to read:
6 Section 513. Group Insurance Contracts.--* * *
7 (b.1) (1) School districts, intermediate units and area
8 vocational-technical schools shall give employes and their
9 dependents, upon the employe's retirement, the option of
10 continuing coverage in the group health plan to which they
11 belonged as employes.
12 (2) Notwithstanding the provisions of Title XXII of the
13 Public Health Service Act (58 Stat. 682, 42 U.S.C. § 300 bb-1 et
14 seq.) and amendments thereto, annuitants of the Public School
15 Employees' Retirement System may continue to purchase that
16 coverage after retirement, as defined in paragraph (4), until
17 sixty-five years of age or until they are covered by another
18 plan. An annuitant who is eligible to be covered as an employe
19 or dependent by any other employer-provided health plan shall
20 not be eligible for coverage in the school unit's health plan:
21 Provided, however, That such annuitant shall be eligible for
22 reinstatement in the school unit's health plan whenever such
23 alternate coverage ceases.
24 (3) Purchase of the coverage provided for in this subsection
25 shall equal the cost of the program for active employes and
26 dependents plus an additional two per centum.
27 (4) For purposes of this section, an annuitant shall mean a
28 member of the Public School Employees' Retirement System who has
29 taken superannuation retirement, has retired with thirty (30) or
30 more years of credited service, or has taken disability
19890S0252B1414 - 6 -
1 retirement.
2 (5) Qualifying annuitants who retired from the school entity
3 prior to July 1, 1989, or subsequent to that date shall be
4 eligible for continuing coverage under the school unit's group
5 health plan. No qualifying annuitant, however, may purchase such
6 coverage until July 1, 1989. Annuitants shall be required to
7 comply with the following conditions in order to purchase
8 continuing coverage as provided in this section:
9 (i) Annuitants who retired prior to July 1, 1989, shall,
10 within sixty (60) days of the effective date of this act, be
11 notified by the Public School Employees' Retirement System of
12 their entitlement to purchase continuing medical coverage as
13 provided herein. Within forty-five (45) days from the date of
14 such notice, annuitants who elect to purchase continuing
15 coverage shall provide written notification to the school unit
16 from which they retired of their decision to enroll in its
17 health plan.
18 (ii) Annuitants who retire after July 1, 1989, shall, within
19 sixty (60) days of their retirement, be notified by the school
20 unit to which they belonged at the time of retirement of their
21 entitlement to purchase continuing medical coverage as provided
22 herein. Within forty-five (45) days from the date of such
23 notice, annuitants who elect to purchase continuing coverage
24 shall provide written notification to the school unit of their
25 decision to enroll in the health plan to which they belonged at
26 the time of retirement.
27 (iii) The school unit shall be responsible for providing
28 annuitants with written notification of deadlines for payment of
29 premiums. Failure to pay prescribed premiums and fees, as
30 provided in this section, in not less than sixty (60) days from
19890S0252B1414 - 7 -
1 the date of notice, shall automatically terminate eligibility of
2 an annuitant to participate in the health care plan: Provided,
3 however, That nothing in this subsection shall prohibit the
4 reinstatement of persons into the health plan in accordance with
5 procedures established by the school unit, consistent with
6 policies of the provider of the health plan.
7 (6) School districts, intermediate units and area
8 vocational-technical schools shall report annually to the
9 Department of Education the increased costs resulting
10 exclusively from the inclusion of qualified annuitants and their
11 dependents in the entity's group health plan, for the purpose of
12 evaluating the feasibility of future Commonwealth funding.
13 * * *
14 Section 3. Section 677.1 of the act, amended July 22, 1970
15 (P.L.555, No.191), is amended to read:
16 Section 677.1. Additions and Revisions to Duplicates.--
17 Whenever in second, third and fourth class school districts
18 there is any construction of a building or buildings not
19 otherwise exempt as a dwelling[, after September first of any
20 year] and such building is not included in the tax duplicate of
21 the school district, the authority responsible for assessments
22 in the city, borough, township or county shall, upon the request
23 of the board of school directors, direct the assessor in the
24 district to inspect and [reassess] assess, subject to the right
25 of appeal and adjustment provided by the act of Assembly under
26 which assessments are made, all taxable property in the district
27 to which major improvements have been made [after September
28 first,] and to give notice of such [reassessments] change in the
29 assessed valuation within ten days to the authority responsible
30 for assessments, the school district and the property owner.
19890S0252B1414 - 8 -
1 Such property shall then be added to the duplicate, and shall be
2 taxable for school purposes at the [reassessed] assessed
3 valuation for that proportionate part of the fiscal year of the
4 school district remaining after the property was improved. Any
5 improvement made during the month shall be computed as having
6 been made on the first of the next succeeding month. A certified
7 copy of the additions or revisions to the duplicate shall be
8 furnished monthly by the board of school directors to the tax
9 collector for the district, and within ten days thereafter the
10 tax collector shall notify the owner of the property of the
11 taxes due the school district.
12 Section 4. The act is amended by adding a section to read:
13 Section 1089. Business Administrator.--(a) A governing
14 board of a school entity may employ or continue to employ a
15 person serving in the function of business administrator of the
16 school entity who shall perform such duties as the governing
17 board may determine, including, but not limited to, the business
18 responsibilities specified in section 433 of this act.
19 (b) The governing board may enter into a written employment
20 agreement with a person hired after the effective date of this
21 section to serve as a business administrator or into an amended
22 or renewed agreement with a person serving in that function as
23 of such effective date. The agreement may define the period of
24 employment, salary, benefits, other related matters of
25 employment and provisions of renewal and termination of the
26 agreement.
27 (c) Unless otherwise specified in an employment agreement,
28 the governing board shall, after due notice, giving the reasons
29 therefor, and after hearing if demanded, have the right at any
30 time to remove a business administrator for incompetency,
19890S0252B1414 - 9 -
1 intemperance, neglect of duty, violation of any of the school
2 laws of this Commonwealth or other improper conduct.
3 (d) A person serving as business administrator shall not be
4 a member of the governing board of the school entity.
5 (e) A person serving as business administrator may serve as
6 secretary or treasurer of the governing board.
7 (f) For purposes of this section, the term "school entity"
8 shall mean a school district, intermediate unit or an area
9 vocational-technical school. The term "governing board" shall
10 mean the board of directors or joint board of such entity.
11 Section 5. Section 1472 of the act is amended by adding a
12 subsection to read:
13 Section 1372. Exceptional Children; Education and
14 Training.--* * *
15 (1.1) During the school year 1989-1990 the following
16 provisions shall apply to the State Board of Education.
17 (i) Not later than March 1, 1990, the State Board of
18 Education shall adopt revised Chapter 13 Special Education
19 regulations and approve revised 22 Pa. Code, Ch. 341 department
20 standards for the education and training of exceptional
21 children, and such revised regulations and standards shall be
22 effective beginning with the school year and fiscal year 1990-
23 1991. Such revised regulations and standards shall, at a minimum
24 provide measures as may be necessary to assure fiscal
25 accountability, prudent management, appropriate education
26 support services and special classes to meet the needs of
27 pupils, and assurance of continued service to children receiving
28 special education instruction and services on the effective date
29 of such revised regulations and standards, including a
30 requirement that no changes in such instruction or service be
19890S0252B1414 - 10 -
1 made unless through changes in the child's Individualized
2 Education Program.
3 (ii) Due to the urgent need for an expedited but public
4 regulatory process, the State Board of Education, in adopting
5 such revised regulations and approving such revised department
6 standards shall follow the procedures set forth in this
7 subsection.
8 (A) The State Board of Education shall conduct such public
9 hearings and receive such testimony as it deems appropriate,
10 provided, however, that the State Board of Education conduct at
11 least three public hearings prior to the final adoption of such
12 revised regulations and approval of such revised department
13 standards. Not later than November 10, 1989, at the time the
14 State Board of Education announces its intention to adopt such
15 revised regulations and to approve such revised department
16 standards, it shall announce its intention pursuant to the
17 provisions of the act of July 31, 1968 (P.L.769, No.240),
18 referred to as the Commonwealth Documents Law, and shall
19 transmit copies of such proposed regulations and standards to
20 the Chairmen of the standing Committees on Education of the
21 Senate and House of Representatives to permit those Committees
22 thirty (30) days to review and comment upon such proposed
23 regulations and standards. At the time the State Board finally
24 adopts such final form regulations and approves such revised
25 department standards, it shall transmit copies of such
26 regulations and standards to the Chairmen of the standing
27 Committees' on Education of the Senate and House of
28 Representatives and the Independent Regulatory Review
29 Commission. The final form regulations and revised department
30 standards shall be subject to review in accordance with the
19890S0252B1414 - 11 -
1 procedures set forth in the act of June 25, 1982 (P.L.633,
2 No.181), known as the "Regulatory Review Act," for proposed
3 final regulations. Other than as herein provided regulations
4 adopted pursuant to this paragraph shall not be subject to
5 review under the act of June 25, 1982 (P.L.633, No.181), known
6 as the "Regulatory Review Act."
7 (B) The State Board of Education may transmit to the
8 Governor and the Secretary of Education, recommendations, if
9 any, for changes in statutes.
10 (iii) The Department of Education shall require the
11 submission of appropriate program and fiscal data from the
12 school districts and intermediate units in order to assist in
13 the development of regulations, and proposed program standards.
14 Each school district and intermediate unit shall provide such
15 data at such time and in such form as the department may
16 require.
17 Section 6. Section 1376 of the act, amended December 20,
18 1983 (P.L.267, No.73), is amended to read:
19 Section 1376. Cost of Tuition and Maintenance of Certain
20 Exceptional Children in Approved Institutions.--(a) When any
21 child between [the ages of six (6)] school entry age and twenty-
22 one (21) years of age and resident in this Commonwealth, who is
23 blind or deaf, or afflicted with cerebral palsy and/or brain
24 damage and/or muscular dystrophy and/or mentally retarded and/or
25 socially and emotionally disturbed, is enrolled, with the
26 approval of the Department of Education, as a pupil in an
27 approved private school for the blind or deaf, or cerebral
28 palsied and/or brain damaged and/or muscular dystrophied and/or
29 mentally retarded, and/or socially and emotionally disturbed,
30 approved by the Department of Education, in accordance with
19890S0252B1414 - 12 -
1 standards and regulations promulgated by the [Council of Basic]
2 State Board of Education, the school district in which such
3 child is resident shall pay the greater of either twenty per
4 centum (20%) of the actual audited cost of tuition and
5 maintenance of such child in such school, as determined by the
6 Department of Education; or its "tuition charge per elementary
7 pupil" or its "tuition charge per high school pupil," and the
8 Commonwealth shall pay, out of funds appropriated to the
9 department for special education, [eighty per centum (80%) of
10 the cost of their] the balance due for the costs of such child's
11 tuition and maintenance, as determined by the [Department.]
12 department. For the school years 1989-1990, 1990-1991 and 1991-
13 1992, the school district payment shall be no greater than forty
14 percent (40%) of the actual audited costs of tuition and
15 maintenance of such child in such school. The department will
16 credit the district of residence with average daily membership
17 for such child consistent with the rules of procedure developed
18 in accordance with section 2501. If the residence of such child
19 in a particular school district cannot be determined, the
20 Commonwealth shall pay, out of moneys appropriated to the
21 department for special education, the whole cost of tuition and
22 maintenance of such child. The Department of Education shall be
23 provided with such financial data from approved private schools
24 as may be necessary to determine the reasonableness of costs for
25 tuition and room and board concerning Pennsylvania resident
26 approved reimbursed students. The Department of Education shall
27 evaluate such data and shall disallow any cost deemed
28 unreasonable. Any costs deemed unreasonable by the Department of
29 Education for disallowance shall be considered an adjudication
30 within the meaning of Title 2 of the Pa.C.S. (relating to
19890S0252B1414 - 13 -
1 administrative law and procedure) and regulations promulgated
2 thereunder.
3 (b) When any person less than [six (6)] school entry age or
4 more than twenty-one (21) years of age and resident in this
5 Commonwealth, who is blind or deaf, or afflicted with cerebral
6 palsy and/or brain damage and/or muscular dystrophy, is
7 enrolled, with the approval of the Department of Education, as a
8 pupil in an approved private school for the blind or deaf, or
9 cerebral palsied and/or brain damaged and/or muscular
10 dystrophied, approved by the Department of Education, the
11 Commonwealth shall pay to such school, out of moneys
12 appropriated to the department for special education, the actual
13 audited cost of tuition and maintenance of such person, as
14 determined by the Department of Education, subject to review and
15 approval in accordance with standards and regulations
16 promulgated by the [Council of Basic] State Board of Education,
17 and in addition, in the case of any child less than [six (6)
18 years of age] school entry age, who is blind, the cost, as
19 determined by the Department of Education of instructing the
20 parent of such blind child in caring for such child.
21 (c) Each approved private school, prior to the start of the
22 school year, shall submit to the department such information as
23 the department may require in order to establish an estimate of
24 reimbursable costs. Based upon this information, any other data
25 deemed necessary by the department and in accordance with
26 department standards, the department shall develop for each
27 approved private school an estimate of reimbursable costs. Based
28 upon such estimate, the department shall provide each approved
29 private school with quarterly payments in advance of department
30 audit. The department may withhold a portion of such payments
19890S0252B1414 - 14 -
1 not exceeding five percent (5%) of such payment, pending final
2 audit. In no event shall either the advance payments or final
3 reimbursement made by the department following audit exceed the
4 appropriation available for approved private schools.
5 (d) No private institution receiving payment in accordance
6 with this section shall impose any charge on the student and/or
7 parents who are Pennsylvania approved reimbursable residents for
8 a program of individualized instruction and maintenance
9 appropriate to the child's needs; except that charges for
10 services not part of such program may be made if agreed to by
11 the parents.
12 Section 7. Section 1376.1 of the act, added May 31, 1979
13 (P.L.33, No.11), is amended to read:
14 Section 1376.1. Actual Cost of Tuition and Maintenance of
15 Certain Exceptional Children in the Four Chartered Schools for
16 Education of the Deaf and the Blind.--(a) The following term,
17 whenever used or referred to in this section, shall have the
18 following meaning. "Chartered school" shall mean any of the four
19 (4) chartered schools for the education of the deaf or the
20 blind: the Pennsylvania School for the Deaf; the Overbrook
21 School for the Blind; the Western Pennsylvania School for Blind
22 Children; and the Western Pennsylvania School for the Deaf.
23 (b) When any child of school age resident in this
24 Commonwealth, who is blind or deaf, is enrolled with the
25 approval of the Department of Education as a pupil in any of the
26 four (4) chartered schools in accordance with standards and
27 regulations promulgated by the [Council of Basic] State Board of
28 Education, the school district in which such child is resident
29 shall pay the greater of either twenty percent (20%) of the
30 actual cost of tuition and maintenance of such child in such
19890S0252B1414 - 15 -
1 institution, as determined by the Department of Education; or
2 its "tuition charge per elementary pupil" or its "tuition charge
3 per high school pupil," and the Commonwealth shall pay, out of
4 funds appropriated to the department for special education,
5 [eighty percent (80%) of the actual cost of their] the balance
6 due for the costs of such child's tuition and maintenance, as
7 determined by the department. For the school years 1989-90,
8 1990-91 and 1991-92 the school district payment shall be no
9 greater than forty percent (40%) of the actual audited costs of
10 tuition and maintenance of such child in such school. The
11 department will credit the district of residence with average
12 daily membership for such child consistent with the rules of
13 procedure developed in accordance with section 2501. If the
14 residence of such child in a particular school district cannot
15 be determined, the Commonwealth shall pay, out of moneys
16 appropriated to the department for special education, the whole
17 cost of tuition and maintenance of such child. The Department of
18 Education shall be provided with such financial data from each
19 of the chartered schools as may be necessary to determine the
20 reasonableness of charges for tuition and room and board of each
21 of the chartered schools made on Pennsylvania resident approved
22 students. The Department of Education shall evaluate such data
23 and shall disallow any charges deemed unreasonable. Any charge
24 deemed unreasonable by the Department of Education for
25 disallowance shall be considered an adjudication within the
26 meaning of Title 2 of the Pa.C.S. (relating to administrative
27 law and procedure) and regulations promulgated thereunder.
28 (c) When any person less than school age resident in this
29 Commonwealth who is blind or deaf is enrolled, with the approval
30 of the Department of Education, as a residential pupil in any of
19890S0252B1414 - 16 -
1 the four (4) chartered schools, the Commonwealth shall pay to
2 the school, out of moneys appropriated to the department for
3 special education, the actual cost of tuition and maintenance of
4 such person, as determined by the Department of Education,
5 subject to review and approval in accordance with standards and
6 regulations promulgated by the [Council of Basic] State Board of
7 Education, and in addition, in the case of any child less than
8 school age, who is blind, the cost, as determined by the
9 Department of Education of instructing the parent of such blind
10 child in caring for such child.
11 (d) None of the chartered schools receiving payment in
12 accordance with this section shall impose any charge on the
13 student and/or parents who are approved reimbursable residents
14 for a program of instruction and maintenance appropriate to the
15 child's needs; except that charges for programs not part of the
16 normal school year may be made.
17 Section 8. Section 1377(a) and (b) of the act, amended May
18 31, 1979 (P.L.33, No.11), are amended to read:
19 Section 1377. Payment of Cost of Tuition and Maintenance of
20 Certain Exceptional Children.--(a) To facilitate payments by
21 the several school districts to the schools or institutions in
22 which deaf or blind, or cerebral palsied and/or brain damaged
23 and/or muscular dystrophied, or socially and emotionally
24 disturbed or mentally retarded children are enrolled, of amounts
25 due by such districts for their proportion of the cost of
26 tuition and maintenance of such children, the Secretary of
27 Education shall withhold from any moneys due to such districts
28 out of any State appropriation for the assistance as
29 reimbursement of school districts, the amounts due by such
30 districts to such schools or institutions for the blind or the
19890S0252B1414 - 17 -
1 deaf, or the cerebral palsied and/or brain damaged and/or
2 muscular dystrophied or the socially and emotionally disturbed
3 and/or mentally retarded. Amounts so withheld shall be [paid to
4 such schools or institutions by warrant of the Auditor General
5 upon the State Treasurer, after requisition of the Secretary of
6 Education, for which purpose all amounts so withheld are hereby]
7 specifically appropriated to the Department of Education.
8 (b) Payments of the Commonwealth's proportion of the cost of
9 tuition and maintenance of blind or deaf, or cerebral palsied
10 and/or brain damaged and/or muscular dystrophied, or socially
11 and emotionally disturbed and/or mentally retarded pupils
12 enrolled in schools or institutions for the blind or for the
13 deaf, or for the cerebral palsied and/or brain damaged and/or
14 muscular dystrophied, or for the socially and emotionally
15 disturbed and of the cost of instruction of parents of blind
16 pupils less than [six (6) years of] school entry age, as
17 hereinbefore provided, shall be made quarterly, out of moneys
18 appropriated to the Department of Education for special
19 education[, by warrant of the Auditor General upon the State
20 Treasurer, after requisition by the Secretary of Education].
21 Except for the provisions of section 1376.1 providing for the
22 actual cost of tuition and maintenance of certain exceptional
23 children in the four chartered schools for education of the deaf
24 and of the blind, in no event shall the total payment for the
25 cost of tuition and maintenance of any such child exceed the
26 rates per year allowed under section 1376. The maximum amount
27 payable for the cost of tuition and maintenance of such children
28 shall be subject to review at least once every two years for the
29 purpose of recommending an adjustment thereof.
30 * * *
19890S0252B1414 - 18 -
1 Section 9. Section 2501(9), (9.1), (14.1) and (19) of the
2 act, amended or added August 24, 1977 (P.L.199, No.59), June 30,
3 1980 (P.L.279, No.80) and October 20, 1988 (P.L.827, No.110),
4 are amended and the section is amended by adding clauses to
5 read:
6 Section 2501. Definitions.--For the purposes of this article
7 the following terms shall have the following meanings:
8 * * *
9 (9) "Real Property Valuation." A school district's [or],
10 vocational school district's or municipality's real property
11 valuation, to be used for purposes of computing the basic
12 account standard reimbursement fraction, the subsidiary account
13 reimbursement fraction, and the aid ratio shall be the valuation
14 placed upon its taxable real property by the State Tax
15 Equalization Board.
16 (9.1) "Personal Income Valuation." A school district's
17 personal income valuation for purposes of reimbursement to a
18 school district under subsections (d), (e), and (f) of section
19 2502, and section 2592 shall be the valuation of the total
20 taxable income for the tax year preceding the immediate prior
21 year, determined under Article III of the act of March 4, 1971
22 (P.L.6, No.2), known as the "Tax Reform Code of 1971," for each
23 school district each year by the Secretary of Revenue and
24 certified to the Secretary of Education. For the 1988-1989
25 school year and each school year thereafter, the Secretary of
26 Revenue, shall additionally certify, for those districts in
27 which residents claim credit against the State personal income
28 tax for income earned outside this Commonwealth under section
29 314 of the "Tax Reform Code of 1971," the total number of
30 persons claiming such out-of-State tax credits and the total
19890S0252B1414 - 19 -
1 dollar amount of such tax credits claimed in the individual
2 district.
3 * * *
4 (9.4) "Municipal Equalized Millage." A city of the first
5 through third class tax effort to be used for reimbursement
6 under subsections (d) and (e) of section 2502 and section
7 2502.11 shall be the amount of municipal taxes collected and
8 reported to the Department of Community Affairs divided by the
9 real property valuation of the municipality for the most recent
10 year for which both municipality tax and real property valuation
11 are available.
12 (9.5) "Municipal Median Equalized Millage." For the school
13 year 1988-1989 and each school year thereafter, the Secretary of
14 Education shall annually calculate the equalized millage for
15 which an equal number of cities of the first through third class
16 are above and below for that year.
17 * * *
18 (14.1) "Market Value/Income Aid Ratio." For purposes of
19 reimbursement to a school district under subsections (d), (e),
20 and (f) of section 2502, and section 2592, shall be the
21 Commonwealth's method of determining the combined market value
22 and income wealth for each pupil, and shall be computed as
23 follows:
24 (a) (i) Divide the market value per weighted average daily
25 membership of the district by the market value per weighted
26 average daily membership of the State;
27 (ii) Determine the product of (a)(i) multiplied by the
28 district's share of total costs which is .5;
29 (iii) Subtract the resultant product in (a)(ii) from 1.000
30 to determine the market value portion of the aid ratio.
19890S0252B1414 - 20 -
1 (b) (i) Divide the income per weighted average daily
2 membership of the district by the average personal income per
3 weighted average daily membership of the State;
4 (ii) Determine the product of (b)(i) multiplied by the
5 district's share of total costs which is .5;
6 (iii) Subtract the resultant product in (b)(ii) from 1.0000
7 to determine the income aid ratio.
8 (c) Add sixty percent (60%) of the market value aid ratio to
9 forty percent (40%) of the income aid ratio to determine the
10 market value/income aid ratio.
11 (d) For payments beginning in the 1989-1990 school year and
12 each school year thereafter, the Department of Education shall
13 utilize an adjusted personal income valuation for the 1987 tax
14 year and each tax year thereafter respectively in computing the
15 market value/income aid ratio for such districts. The adjusted
16 personal income valuation shall be calculated by dividing the
17 total out-of-State tax credits claimed by the residents of a
18 school district by the State personal income tax rate and
19 subtracting that amount from the total personal income valuation
20 for the individual school district. The State total personal
21 income valuation shall remain that as certified by the
22 Department of Revenue and shall not be adjusted to reflect out-
23 of-State tax credits.
24 * * *
25 (19) "Factor for Educational Expense." For the school years
26 1982-1983 and 1983-1984, the factor for educational expense used
27 to compute school district entitlements to payments on account
28 of instruction, as provided for in subsection (d) of section
29 2502, shall be one thousand six hundred fifty-six dollars
30 ($1,656) unless later changed by statute. For the school year
19890S0252B1414 - 21 -
1 1983-1984, the Factor for Educational Expense shall be one
2 thousand seven hundred twenty-five dollars ($1,725), unless
3 later changed by statute, for those school districts
4 participating, during the 1984-1985 school year, in a Statewide
5 program for testing and remediation which is designed to
6 identify and provide remediation services to individual students
7 pursuant to section 1511.1. For the 1984-1985 school year,
8 notwithstanding any other provisions of this act to the
9 contrary, the Factor for Educational Expense used to compute all
10 school districts' entitlements to payments on account of
11 instruction, as provided for in subsection (d) of section 2502,
12 shall be one thousand eight hundred seventy-five dollars
13 ($1,875). For the 1985-1986 school year, the Factor for
14 Educational Expense used to compute all school districts'
15 entitlements to payments on account of instruction, as provided
16 for in subsection (d) of section 2502, shall be one thousand
17 nine hundred seventy dollars ($1,970). For the 1986-1987 school
18 year, the Factor for Educational Expense used to compute all
19 school districts' entitlements to payments on account of
20 instruction, as provided for in subsection (d) of section 2502,
21 shall be two thousand one hundred twenty-five dollars ($2,125).
22 For the school year 1987-1988 [and each school year thereafter],
23 the Factor for Educational Expense used to compute all school
24 districts' entitlements to payments on account of instruction,
25 as provided for in subsection (d) of section 2502, shall be two
26 thousand two hundred thirty dollars ($2,230). For the school
27 year 1988-1989 and each school year thereafter, the Factor for
28 Educational Expense used to compute all school districts'
29 entitlements to payments on account of instruction, as provided
30 for in subsection (d) of section 2502, shall be two thousand
19890S0252B1414 - 22 -
1 three hundred thirty dollars ($2,330).
2 Section 10. Section 2502.5(b) and (e) of the act, amended
3 October 20, 1988 (P.L.827, No.110), are amended to read:
4 Section 2502.5. Limitation of Certain Payments.--* * *
5 (b) Notwithstanding any other provisions of law, for the
6 school year 1982-1983 and 1983-1984, no school district shall be
7 paid under subsections (d) and (e) of section 2502 and section
8 2502.11 or, for the school year 1984-1985, no school district
9 shall be paid under subsections (d) and (e) of section 2502,
10 subsection (e) of this section, section 2502.11 and section
11 2502.13 or, for the school year 1985-1986, no school district
12 shall be paid under subsections (d) and (e) of section 2502,
13 subsection (e) of this section, section 2502.11, section
14 2502.13, section 2502.14 and section 2502.15 or, for the school
15 year 1986-1987, no school district shall be paid under
16 subsections (d) and (e) of section 2502, subsection (e) of this
17 section, section 2502.11, section 2502.13 and section 2502.15
18 or, for the school year 1987-1988 [and each school year
19 thereafter], no school district shall be paid under subsections
20 (d) and (e) of section 2502, subsection (e) of this section,
21 sections 2502.11 and 2502.13 or, for the school year 1988-1989
22 and each school year thereafter, no school district shall be
23 paid under subsections (d) and (e) of section 2502, sections
24 2502.11 and 2502.13 an amount in excess of one hundred percent
25 (100%) of the total reimbursable instructional expenditures of
26 the school district. For the 1982-1983 school year, all school
27 districts qualifying for payments under subsections (d) and (e)
28 of section 2502 and section 2502.11 shall be limited to an
29 increase payment on account of those sections which shall not
30 exceed nine percent (9%) over the sums received on account of
19890S0252B1414 - 23 -
1 section 2502.9 for the 1981-1982 school year, nor shall any
2 school district receive an increase of less than two percent
3 (2%) of the 1982-1983 school year payments on account of the
4 1981-1982 school year. For the 1984-1985 school year, each
5 school district qualifying for payments under subsections (d)
6 and (e) of section 2502 and section 2502.11 shall be limited to
7 an increase payment on account of those sections which shall not
8 exceed eight and forty-five one hundredths percent (8.45%) over
9 the sums received on account of such sections for the school
10 year 1983-1984, nor shall any school district receive an
11 increase of less than two percent (2%) of such payments for the
12 school year 1983-1984: Provided, however, That such payments for
13 the school year 1983-1984 shall be computed using a Factor for
14 Educational Expense of one thousand six hundred fifty-six
15 dollars ($1,656) and a maximum payment increase of seven and
16 forty-five one hundredths percent (7.45%) and a minimum payment
17 increase of two percent (2%) and the eighty percent (80%)
18 guarantee provided for in section 2502.5(e). For the 1985-1986
19 school year, each school district qualifying for payments under
20 subsections (d) and (e) of section 2502, subsection (e) of this
21 section and section 2502.11 shall be limited to an increase
22 payment on account of those sections which shall not exceed
23 seven percent (7%) over the sums received on account of such
24 sections for the school year 1984-1985, nor shall any school
25 district receive an increase less than two percent (2%) of such
26 payments for the school year 1984-1985. For the 1986-1987 school
27 year, each school district qualifying for payments under
28 subsections (d) and (e) of section 2502, subsection (e) of this
29 section and section 2502.11 shall be limited to an increase
30 payment on account of those sections which shall not exceed
19890S0252B1414 - 24 -
1 eight percent (8%) over the sums received on account of such
2 sections and section 2502.14 for the school year 1985-1986, nor
3 shall any school district receive an increase less than two
4 percent (2%) of such payment for the school year 1985-1986. For
5 the 1987-1988 school year [and each school year thereafter],
6 each school district qualifying for payments under subsections
7 (d) and (e) of section 2502, subsection (e) of this section and
8 section 2502.11 shall be limited to an increase payment on
9 account of those sections which shall not exceed eight percent
10 (8%) over the sums received on account of such sections and
11 section 2502.15 for the school year 1986-1987, nor shall any
12 school district receive an increase less than two percent (2%)
13 of such payments for the school year 1986-1987. For the 1988-
14 1989 school year and each school year thereafter, no school
15 district qualifying for payments under subsections (d) and (e)
16 of section 2502, subsection (e) of this section, and section
17 2502.11 shall receive an increase less than two percent (2%) of
18 such payments for the prior school year.
19 (e) For the school years 1983-1984 and 1984-1985, no school
20 district shall be paid under subsections (d) and (e) of section
21 2502, subsection (e) of this section, and under section 2502.11
22 less than eighty percent (80%) of the total amount to which it
23 is entitled under said sections, notwithstanding any limitations
24 on increases in such payments enacted by the General Assembly to
25 the contrary. For the school year 1985-1986, no school district
26 shall be paid under subsections (d) and (e) of section 2502 and
27 under section 2502.11 less than eighty-five percent (85%) of the
28 total amount to which it is entitled under said sections,
29 notwithstanding any limitations on increases in such payments
30 enacted by the General Assembly to the contrary. For the school
19890S0252B1414 - 25 -
1 year 1986-1987, no school district shall be paid under
2 subsections (d) and (e) of section 2502 and under section
3 2502.11 less than ninety percent (90%) of the total amount to
4 which it is entitled under said sections, notwithstanding any
5 limitations on increases in such payments enacted by the General
6 Assembly to the contrary. For the school year 1987-1988 [and
7 each school year thereafter], no school district shall be paid
8 under subsections (d) and (e) of section 2502 and under section
9 2502.11 less than ninety-five percent (95%) of the total amount
10 to which it is entitled under said sections, notwithstanding any
11 limitations on increases in such payments enacted by the General
12 Assembly to the contrary. For the school year 1983-1984,
13 payments under this subsection shall be computed using a Factor
14 for Educational Expense of one thousand six hundred fifty-six
15 dollars ($1,656) and a maximum payment increase of seven and
16 forty-five one hundredths percent (7.45%) and a minimum payment
17 increase of two percent (2%). For the school year 1984-1985 and
18 each school year thereafter, payments under this subsection
19 shall be computed using the Factor for Educational Expense as
20 defined in section 2501(19) and minimum and maximum increase
21 limits provided for in subsection (b) of this section. No school
22 district shall, as a result of this subsection, be paid an
23 amount in excess of one hundred percent (100%) of the total
24 reimbursable instructional expenditures of the school district.
25 Section 11. Section 2502.11(c) of the act, amended June 29,
26 1984 (P.L.438, No.93), is amended and the section is amended by
27 adding a subsection to read:
28 Section 2502.11. Economic Supplement.--* * *
29 (c) For the school year 1982-1983 [and each school year
30 thereafter] through the school year 1987-1988, any district
19890S0252B1414 - 26 -
1 which levies and collects local taxes for school purposes equal
2 to or above the median equalized millage, as defined in section
3 2501(9.3), in the year for which reimbursement is determined
4 shall qualify for and receive a payment based upon local tax
5 effort and population per square mile in accordance with the
6 following table, except for qualifying districts which include a
7 central city of a Standard Metropolitan Statistical Area and
8 have a district population of less than four thousand (4,000)
9 persons per square mile, which districts shall receive three
10 percent (3%) of their instructional expenditures:
11 Population Per Square Mile Payment as Percent of
12 of the Qualifying District Instructional Expenditure
13 5,950 and over 5
14 4,000 - 5,949 3
15 less than 4,000 1
16 Notwithstanding the provisions of this subsection, districts
17 having a general population of five thousand nine hundred fifty
18 (5,950) or more persons per square mile and at least thirty-five
19 thousand (35,000) WADMs shall be paid nineteen percent (19%) of
20 their instructional expenditures.
21 (d) For the school year 1988-1989 and each school year
22 thereafter, any district which levies and collects local taxes
23 for school purposes equal to or above the median equalized
24 millage, as defined in section 2501(9.3), in the year for which
25 reimbursement is determined or any school district the majority
26 of whose population is drawn from a city of the first through
27 third class which levies and collects local taxes for municipal
28 purposes equal to or above the municipal median equalized
29 millage, as defined in section 2501(9.5) for the most recent
30 municipal fiscal year for which data is available shall qualify
19890S0252B1414 - 27 -
1 for and receive a payment based upon local tax effort and
2 population per square mile in accordance with the following
3 table, except for qualifying districts which include a central
4 city of a Standard Metropolitan Statistical Area and have a
5 district population of less than four thousand (4,000) persons
6 per square mile, which districts shall receive three percent
7 (3%) of their instructional expenditures:
8 Population Per Square Mile Payment as Percent of
9 of the Qualifying District Instructional Expenditure
10 5,950 and over 5
11 4,000 - 5,949 3
12 less than 4,000 1
13 Qualifying districts having a general population of five
14 thousand nine hundred fifty (5,950) or more persons per square
15 mile and at least thirty-five thousand (35,000) WADMs shall be
16 paid nineteen percent (19%) of their instructional expenditures.
17 Section 12. Section 2502.13 of the act, amended October 20,
18 1988 (P.L.827, No.110), is amended to read:
19 Section 2502.13. Small District Assistance.--For the 1984-
20 1985 and 1985-1986 school years, the Commonwealth shall pay to
21 each school district which has an average daily membership of
22 one thousand five hundred (1,500) or less and has a market
23 value/income aid ratio of five thousand ten-thousandths (0.5000)
24 or greater, an amount equal to fifty dollars ($50) multiplied by
25 that district's average daily membership. For the 1985-1986
26 school year, no school district shall receive less on account of
27 this section than it did for the 1984-1985 school year. For the
28 school year 1986-1987, the Commonwealth shall pay to each school
29 district which has an average daily membership of one thousand
30 five hundred (1,500) or less and has a market value/income aid
19890S0252B1414 - 28 -
1 ratio of five thousand ten-thousandths (0.5000) or greater, or
2 received payments under this section for the 1985-1986 school
3 year, an amount equal to seventy-five dollars ($75) multiplied
4 by that district's average daily membership. For the school year
5 1987-1988 [and each school year thereafter], the Commonwealth
6 shall pay to each school district which has an average daily
7 membership of one thousand five hundred (1,500) or less and a
8 market value/income aid ratio of five thousand ten-thousandths
9 (0.5000) or greater, or received payments under this section for
10 the 1986-1987 school year, an amount equal to eighty-five
11 dollars ($85) multiplied by that district's average daily
12 membership. For the school year 1988-1989, and each school year
13 thereafter, the Commonwealth shall pay to each school district
14 which has an average daily membership of one thousand five
15 hundred (1,500) or less and a market value/income aid ratio of
16 five thousand ten thousandths (0.5000) or greater, or received
17 payments under this section for the 1987-1988 school year, an
18 amount equal to one hundred five dollars ($105) multiplied by
19 that district's average daily membership. For the 1987-1988
20 school year and each school year thereafter, no school district
21 shall receive less on account of this section than it did for
22 the [1986-1987] prior school year.
23 Section 13. Section 2509.1 of the act, amended January 14,
24 1970 (1969 P.L.468, No.192), is amended to read:
25 Section 2509.1. Payment on Account of Transportation,
26 Classes and Schools for Exceptional and Institutionalized
27 Children.--Annually, before the first day of July, every
28 intermediate unit shall submit, for prior review and approval by
29 the Department of [Public Instruction] Education, an estimate of
30 the cost of operating and administering classes or schools for
19890S0252B1414 - 29 -
1 exceptional and institutionalized children, including the cost
2 of such fiscal controls as auditing and necessary treasurer's
3 and secretary's bonds to be operated by the intermediate unit
4 during the ensuing school year, and for transportation of pupils
5 to and from classes and schools for exceptional children,
6 whether or not conducted by the intermediate unit. On or before
7 the first day of August, the Commonwealth shall pay to the
8 intermediate unit a sum equal to one-half of the approved
9 estimated annual cost of operation and administration of classes
10 and schools for exceptional and institutionalized children and
11 transportation for exceptional children and, on or before the
12 first day of January, shall pay an equal sum, or a lesser sum as
13 may be shown to be necessary by an adjusted budget based upon
14 expenditures during the first half of the school term. At the
15 end of each school year all unexpended funds shall be credited
16 to Commonwealth. Payments due for the succeeding school year on
17 account of the operation of such classes or upon direction of
18 the [Superintendent of Public Instruction] Secretary of
19 Education shall be returned to the Commonwealth. All such funds
20 returned are hereby specifically appropriated to the Department
21 of [Public Instruction] Education for support of schools and
22 classes, and transportation for exceptional children. For each
23 child enrolled in any special class or school for exceptional
24 children operated by an intermediate unit, the school district
25 in which the child is resident shall pay to the Commonwealth a
26 sum equal to the "tuition charge per elementary pupil" or the
27 "tuition charge per high school pupil," as determined for the
28 schools operated by the district or by a joint board of which
29 the district is a member, [based upon the costs of the preceding
30 school term] for the same year in which the special class or
19890S0252B1414 - 30 -
1 school is operated, as provided for in section two thousand five
2 hundred sixty-one of the act to which this is an amendment. In
3 the event that any school district has not established such
4 "tuition charge per elementary pupil" or "tuition charge per
5 high school pupil," the [Superintendent of Public Instruction]
6 Secretary of Education shall fix a reasonable charge for such
7 district for the year in question. In addition, the district
8 shall pay on account of transportation by the intermediate unit
9 of pupils to and from classes and schools for exceptional
10 children, whether or not conducted by the intermediate unit, an
11 amount to be determined by subtracting from the cost of
12 transportation per pupil the reimbursement due the district on
13 account of such transportation in order to facilitate such
14 payments by the several school districts. The [Superintendent of
15 Public Instruction] Secretary of Education shall withhold from
16 any moneys due to such district out of any state appropriation,
17 except from reimbursements due on account of rentals as provided
18 in section two thousand five hundred eleven point one of the act
19 to which this is an amendment, the amounts due by such school
20 districts to the Commonwealth. All amounts so withheld are
21 hereby specifically appropriated to the Department of [Public
22 Instruction] Education for the support of public schools. The
23 cost of operating and administering classes and schools for
24 institutionalized children, including the cost of necessary
25 fiscal controls, shall be paid by the Commonwealth.
26 Section 14. The act is amended by adding a section to read:
27 Section 2509.4. Payments on Account of Special Education
28 Services.--(a) For the school year 1989-1990, the following
29 provisions shall apply to the Commonwealth's payments of funds
30 to school districts and intermediate units for the provisions of
19890S0252B1414 - 31 -
1 special education services.
2 (1) On or before the first day of August, the Commonwealth
3 shall pay to school districts and intermediate units an amount
4 which represents fifty per centum (50%) of the total State funds
5 available for such programs operated in the school year 1989-
6 1990.
7 (2) On January 1, 1990, a second payment shall be made to
8 school districts and intermediate units consisting of one-fourth
9 (1/4) of the total State funds available for such programs
10 operated in the school year 1989-1990.
11 (3) If, by March 1, 1990, the State Board of Education has
12 adopted revisions to Chapter 13 Special Education regulations
13 and/or the 22 Pa. Code, Ch. 341 standards, the final payment
14 shall consist of the remaining State funds available for such
15 programs operated in the school year 1989-1990. If, on March 1,
16 1990, the State Board of Education has not adopted revisions to
17 Chapter 13 Special Education regulations and/or 22 Pa. Code, Ch.
18 341 standards, but the Secretary of the Budget determines that
19 sufficient progress has been made, a one-time waiver in order to
20 make an additional payment of no more than one-eighth (1/8) of
21 the total State funds available for such programs operated in
22 the school year 1989-1990 may be made.
23 (b) From the funds appropriated in the 1989-1990 fiscal year
24 and notwithstanding the provisions of subsection (a)(1), (2) and
25 (3), fifty million dollars ($50,000,000) shall be paid on August
26 1, 1989, to school districts for programs operated in school
27 year 1988-1989 with the additional payment of forty-nine million
28 dollars ($49,000,000) of the funds due the school districts for
29 the programs operated in school year 1988-1989 to be paid on or
30 before December 1, 1989. Any adjustments to these payments may
19890S0252B1414 - 32 -
1 be made in June 1990 on the basis of actual data.
2 Section 15. The act is amended by adding an article to read:
3 ARTICLE XXVII-D
4 EQUIPMENT GRANTS
5 Section 2701-D. Definitions.--When used in this article the
6 following words and phrases shall have the following meanings:
7 "Community colleges" shall mean institutions now, or
8 hereafter, created pursuant to the act of August 24, 1963
9 (P.L.1132, No.484), known as the "Community College Act of 1963"
10 or Article XIX-A of this act.
11 "Department" shall mean the Department of Education of the
12 Commonwealth.
13 "Educational equipment" shall mean tangible property used by
14 institutions of higher education in support of instruction. The
15 term shall not include equipment used in support of sectarian
16 and denominational instruction or for any other sectarian and
17 denominational purpose or activity.
18 "Eligible institution" shall mean an independent institution
19 of higher education which is approved by the department for
20 equipment grants pursuant to the provisions of this act. The
21 term does not include an institution which is determined by the
22 department to be a community college, a theological seminary or
23 school of theology or a sectarian and denominational
24 institution, nor does it include a State-owned or State-related
25 institution.
26 "Equipment grant" shall mean an amount determined by dividing
27 the funds appropriated pursuant to this act, less reasonable
28 administrative expenses, by the total of all certified full-time
29 equivalent students from all eligible institutions applying for
30 grants.
19890S0252B1414 - 33 -
1 "Full-time equivalent students" shall mean the enrollment in
2 programs at eligible institutions expressed in terms of full-
3 time students as determined by the Department of Education.
4 "Independent institution of higher education" shall mean an
5 institution of higher education which is operated not-for-
6 profit, located in and incorporated or chartered by the
7 Commonwealth, entitled to confer degrees as set forth in section
8 211 of the act of May 5, 1933 (P.L.289, No.105), known as the
9 "Nonprofit Corporation Law," and entitled to apply to itself the
10 designation "college" or "university" as provided for by
11 standards and qualifications prescribed by the State Board of
12 Education pursuant to the act of May 7, 1937 (P.L.585, No.150),
13 entitled, as amended, "An act prohibiting the use of the
14 designation of 'college' by any institution not conforming to
15 the standards of a college prescribed by the State Board of
16 Education; and providing for injunctions, and penalties."
17 "Pennsylvania based" shall mean educational equipment
18 manufactured or assembled within this Commonwealth, or sold,
19 leased or otherwise provided to an eligible institution by a
20 vendor which has a place of business in this Commonwealth.
21 "State-owned institution" shall mean a member institution of
22 the State System of Higher Education.
23 "State-related institutions" shall mean The Pennsylvania
24 State University, the University of Pittsburgh, Temple
25 University and Lincoln University and their branch campuses.
26 Section 2702-D. Certification of Recipients.--From the
27 information it receives from colleges and universities the
28 department shall certify the number of full-time equivalent
29 students attending each eligible institution during the most
30 recent year for which data is available.
19890S0252B1414 - 34 -
1 Section 2703-D. Institutional Equipment Grants.--For the
2 academic year beginning on or about September 1, 1989, the
3 department shall allot a one-time equipment grant on behalf of
4 each full-time equivalent student attending the eligible
5 institution as certified pursuant to section 2702-D. The
6 allotment shall be made to each eligible institution from the
7 funds appropriated to the department pursuant to this article.
8 Following an initial allocation and allotment, if any funds
9 appropriated have not been and cannot be allocated to one or
10 more institutions otherwise eligible for funds, the department
11 shall reallocate these funds to the remaining eligible
12 institutions so that all funds appropriated under this article
13 have been allotted.
14 Section 2704-D. Use of Moneys.--The moneys appropriated
15 shall be used only for, or in connection with, expenses incurred
16 by the eligible institution to purchase, lease or otherwise
17 acquire educational equipment which is Pennsylvania based. If
18 the eligible institution purchases, leases or otherwise acquires
19 educational equipment which is not Pennsylvania based, it must
20 file with the department a statement of justification as to why
21 Pennsylvania-based educational equipment was not obtained.
22 Section 2705-D. Forfeiture.--Any eligible institution which
23 refuses to submit such information for audit as required by this
24 article or knowingly submits misrepresentations or false
25 statements with the intention of fraudulently obtaining moneys
26 from the department shall be denied status as an eligible
27 institution under the provisions of this article.
28 Section 2706-D. Expiration.--This article shall expire on
29 June 30, 1990.
30 Section 16. Notwithstanding any other provisions of the act
19890S0252B1414 - 35 -
1 of March 10, 1949 (P.L.30, No.14), known as the Public School
2 Code of 1949, the board of school directors of each school
3 district is authorized to and may reopen its 1989-1990 budget
4 during the months of July and August 1989 to make any revisions
5 in the budget and tax levies heretofore adopted to reflect
6 anticipated increases in subsidies payable to the school
7 district during its 1989-1990 fiscal year under provisions of
8 this act.
9 Section 17. With the exception of the amendments to sections
10 315, 316, 317 and 677.1, this act shall be retroactive to July
11 1, 1989.
12 Section 18. This act shall take effect as follows:
13 (1) The amendments to sections 315, 316, 317 and 677.1
14 shall take effect in 60 days.
15 (2) The remainder of this act shall take effect
16 immediately.
A12L24VDL/19890S0252B1414 - 36 -