PRIOR PRINTER'S NOS. 230, 467, 1755, PRINTER'S NO. 2442
2301, 2322
No. 221 Session of 1991
Report of the Committee of Conference
To the Members of the House of Representatives and Senate:
We, the undersigned, Committee of Conference on the part of
the House of Representatives and Senate for the purpose of
considering House Bill No. 221, entitled:
"An act providing for the establishment of a summer foreign
language academy program for secondary school students
throughout this Commonwealth; and providing for powers and
duties of the Department of Education,"
respectfully submit the following bill as our report:
H. WILLIAM DeWEESE
DWIGHT EVANS
SAMUEL E. HAYES, JR.
(Committee on the part of the House of Representatives.)
F. JOSEPH LOEPER
JAMES J. RHOADES
J. WILLIAM LINCOLN
(Committee on the part of the Senate.)
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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 annual budgets
6 of school districts, transferred programs and classes,
7 funding programs for exceptional children and payments to
8 intermediate units; providing for foreign language academies;
9 further providing for definitions, for payments to school
10 districts, for small district assistance and for payments on
11 account of instruction, tuition, adult program travel,
12 certain vocational education expenses and transportation;
13 providing for equipment grants; making a repeal; and making
14 editorial changes.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 687 of the act of March 10, 1949 (P.L.30,
18 No.14), known as the Public School Code of 1949, is amended by
19 adding subsections to read:
20 Section 687. Annual Budget; Additional or Increased
21 Appropriations; Transfer of Funds.--* * *
22 (g) (1) Notwithstanding any other provisions of this act,
23 the board of school directors of each school district is
24 required to, and shall, reopen its 1991-1992 budget during the
25 month of August 1991 for the purposes of adjusting their budgets
26 to reflect the following increased allocations for fiscal year
27 1991-1992 provided by the General Assembly through the act of
28 , 1991 (P.L. , No. ), known as the "General
29 Appropriation Act of 1991": subsidy payments on account of
30 instruction; small district assistance payment; payments on
31 account of transportation of nonpublic school pupils; State
32 reimbursement for health services; and local savings accruing as
33 a result of decreases in employer retirement contribution rates.
34 (2) In those districts which levy taxes and where the
35 additional State revenues provided by the General Assembly and
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1 the local savings as a result of a decrease in employer
2 retirement contribution rates exceed the State revenue figures
3 and local revenues utilized by the school district at the time
4 of adoption of its original fiscal year 1991-1992 budget, the
5 district shall use these additional State funds to abate local
6 property tax or nuisance taxes, or both, which were levied at
7 the time of original budget adoption within sixty (60) days of
8 the reopening of the district's budget.
9 (3) Those districts which levy taxes and in which the
10 additional State revenues generated as a result of passage of
11 the "General Appropriation Act of 1991," when compared to State
12 revenue figures utilized in their originally adopted budget,
13 exceed the budgeted figures by an amount insufficient to cost-
14 effectively prepare and mail adjusted tax notices shall apply to
15 the Department of Education for a waiver of this tax rebate
16 provision.
17 (4) Under no circumstances shall any of these additional
18 State revenues be used to increase a district's existing fund
19 balance or for deposit into any district reserve accounts but
20 shall be specifically utilized to meet fiscal year 1991-1992
21 program needs and to reduce local tax levies.
22 (5) At such time as school districts mail out adjusted tax
23 notices resulting from budget reopening actions, such notice
24 shall include the following statement:
25 "These decreased school district tax assessments result
26 from additional revenues allocated to the district as a
27 result of passage of the 'General Appropriation Act of
28 1991' by the Pennsylvania General Assembly."
29 (6) The Department of Education shall establish the
30 administrative procedures necessary to audit school district
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1 compliance with the provisions of this section and shall report
2 its findings to the Education Committee of the Senate and the
3 Education Committee of the House of Representatives.
4 (h) Beginning with the adjusted final fiscal year 1991-1992
5 budget, and each fiscal year thereafter, on or before September
6 15, each school district shall furnish to the Education
7 Committee of the Senate and the Education Committee of the House
8 of Representatives a copy of the school district's final adopted
9 annual budget to include the amount of district revenues being
10 held in excess of its total budgeted expenditures. Such
11 documentation shall include an explanation of the district's
12 need to maintain the revenues in this fund balance.
13 Section 2. Section 1113 of the act, added February 4, 1982
14 (P.L.1, No.1), is amended to read:
15 Section 1113. Transferred Programs and Classes.--(a) When a
16 program or class is transferred as a unit from one or more
17 school entities to another school entity or entities,
18 professional employes who were assigned to the class or program
19 immediately prior to the transfer and are classified as teachers
20 as defined in section 1141(1) and are suspended as a result of
21 the transfer and who are properly certificated shall be offered
22 employment in the program or class by the receiving entity or
23 entities when services of a professional employe are needed to
24 sustain the program or class transferred, as long as there is no
25 suspended professional employe in the receiving entity who is
26 properly certificated to fill the position in the transferred
27 class or program.
28 (b) Transferred professional employes shall be credited by
29 the receiving entity only for their sick leave accumulated in
30 the sending entity and also for their years of service in the
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1 sending entity, the latter for purposes of sabbatical leave
2 eligibility and placement in the salary schedule: Provided,
3 however, That such employes shall not utilize the sabbatical
4 leave until they have taught in the receiving entity for a
5 period of three (3) years. Such employes shall transfer their
6 accrued seniority in the area of certification required for the
7 transferred program or class only.
8 (b.1) Professional employes who are classified as teachers
9 and who are not transferred with the classes to which they are
10 assigned or who have received a formal notice of suspension
11 shall form a pool of employes within the school entity. No new
12 professional employe who is classified as a teacher shall be
13 employed by a school entity assuming program responsibility for
14 transferred students while there is:
15 (1) a properly certificated professional employe who is
16 classified as a teacher suspended in the receiving entity; or
17 (2) if no person is qualified under (1), a properly
18 certificated member of the school entity pool who is willing to
19 accept employment with the school entity assuming program
20 responsibility for transferred students. Members of the pool
21 shall have the right to refuse employment offers from such
22 school entity and remain in the pool. Refusal to accept work
23 under this subsection shall not be grounds for denial of
24 unemployment compensation under sections 401 and 402 of the act
25 of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known
26 as the "Unemployment Compensation Law."
27 (c) Nothing contained in this section shall be construed to
28 supersede or preempt any provision of a collective bargaining
29 agreement in effect on February 4, 1982, and negotiated by a
30 school entity and an exclusive representative of the employes in
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1 accordance with the act of July 23, 1970 (P.L.563, No.195),
2 known as the "Public Employe Relations Act."
3 (d) (1) As used in this section, the term "school entity"
4 or "school entities" shall mean an intermediate unit and its
5 participating school districts or an area vocational-technical
6 school and its sending school districts.
7 (2) As used in this section, the term "unit" shall mean a
8 program or class whose membership falls within the minimum and
9 maximum class size as defined in Department of Education
10 standards.
11 Section 3. Section 1373.1 of the act is repealed.
12 Section 4. Section 1376(c) of the act, amended July 8, 1989
13 (P.L.253, No.43), is amended to read:
14 Section 1376. Cost of Tuition and Maintenance of Certain
15 Exceptional Children in Approved Institutions.--* * *
16 (c) Each approved private school, prior to the start of the
17 school year, shall submit to the department such information as
18 the department may require in order to establish an estimate of
19 reimbursable costs. Based upon this information, any other data
20 deemed necessary by the department and in accordance with
21 department standards, the department shall develop for each
22 approved private school an estimate of reimbursable costs. Based
23 upon such estimate, the department shall provide each approved
24 private school with [quarterly] monthly payments in advance of
25 department audit. The department may withhold a portion of such
26 payments not exceeding five percent (5%) of such payment,
27 pending final audit. In no event shall either the advance
28 payments or final reimbursement made by the department following
29 audit exceed the appropriation available for approved private
30 schools.
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1 * * *
2 Section 5. The act is amended by adding a section to read:
3 Section 1522. Foreign Language Academies.--(a) The
4 Department of Education shall establish a summer foreign
5 language academy grant program utilizing Federal education funds
6 and matching grants for students in this Commonwealth. To the
7 greatest extent possible, the department shall establish
8 guidelines for the programs which involve the universities and
9 colleges, local school districts and intermediate units. Those
10 students who are to participate in the program shall be selected
11 by the local school districts.
12 (b) At least one summer foreign language academy shall be in
13 operation by the summer of 1993.
14 (c) The Department of Education shall prepare an annual
15 report of the summer foreign language academies program which
16 shall be submitted to the Governor, the Education Committee of
17 the Senate and the Education Committee of the House of
18 Representatives.
19 Section 6. Section 2501(9.2), (18) and (19) of the act,
20 amended December 20, 1983 (P.L.267, No.73), July 1, 1985
21 (P.L.103, No.31) and July 8, 1989 (P.L.253, No.43), are amended
22 to read:
23 Section 2501. Definitions.--For the purposes of this article
24 the following terms shall have the following meanings:
25 * * *
26 (9.2) "Equalized Millage." [A] For the year prior to the
27 year for which reimbursement is being computed, a school
28 district's tax effort to be used for reimbursement under
29 subsections (d) and (e) of section 2502 and section 2502.11,
30 shall be the amount of local school taxes collected [during the
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1 year for which reimbursement is being computed, divided by the
2 most recent real property valuation of the school district]
3 divided by the real property valuation of the school district
4 for the year prior to the year for which reimbursement is being
5 computed.
6 * * *
7 (18) "Equalized Subsidy for Basic Education." For the school
8 year 1982-1983 and each school year thereafter, each school
9 district shall be paid by the Commonwealth an equalized subsidy
10 for basic education, which shall consist of any or all of the
11 following, as applicable:
12 (i) Payments on account of instruction, as provided for in
13 subsections (d) and (e) of section 2502.
14 (ii) An economic supplement, as provided for in section
15 2502.11.
16 (iii) Assistance to small districts as provided for in
17 section 2502.13.
18 (iv) A low expenditure, low wealth supplement as provided
19 for in section 2502.17.
20 (v) A low expenditure poverty supplement as provided for in
21 section 2502.18.
22 (19) "Factor for Educational Expense." For the school years
23 1982-1983 and 1983-1984, the factor for educational expense used
24 to compute school district entitlements to payments on account
25 of instruction, as provided for in subsection (d) of section
26 2502, shall be one thousand six hundred fifty-six dollars
27 ($1,656) unless later changed by statute. For the school year
28 1983-1984, the Factor for Educational Expense shall be one
29 thousand seven hundred twenty-five dollars ($1,725), unless
30 later changed by statute, for those school districts
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1 participating, during the 1984-1985 school year, in a Statewide
2 program for testing and remediation which is designed to
3 identify and provide remediation services to individual students
4 pursuant to section 1511.1. For the 1984-1985 school year,
5 notwithstanding any other provisions of this act to the
6 contrary, the Factor for Educational Expense used to compute all
7 school districts' entitlements to payments on account of
8 instruction, as provided for in subsection (d) of section 2502,
9 shall be one thousand eight hundred seventy-five dollars
10 ($1,875). For the 1985-1986 school year, the Factor for
11 Educational Expense used to compute all school districts'
12 entitlements to payments on account of instruction, as provided
13 for in subsection (d) of section 2502, shall be one thousand
14 nine hundred seventy dollars ($1,970). For the 1986-1987 school
15 year, the Factor for Educational Expense used to compute all
16 school districts' entitlements to payments on account of
17 instruction, as provided for in subsection (d) of section 2502,
18 shall be two thousand one hundred twenty-five dollars ($2,125).
19 For the school year 1987-1988, the Factor for Educational
20 Expense used to compute all school districts' entitlements to
21 payments on account of instruction, as provided for in
22 subsection (d) of section 2502, shall be two thousand two
23 hundred thirty dollars ($2,230). For the school year 1988-1989
24 [and each school year thereafter], the Factor for Educational
25 Expense used to compute all school districts' entitlements to
26 payments on account of instruction, as provided for in
27 subsection (d) of section 2502, shall be two thousand three
28 hundred thirty dollars ($2,330). For the school year 1989-1990,
29 the Factor for Educational Expense used to compute all school
30 districts' entitlements to payments on account of instruction,
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1 as provided for in subsection (d) of section 2502, shall be two
2 thousand three hundred eighty dollars ($2380), as provided for
3 in section 212 of the act of July 1, 1990 (P.L. , No.7A),
4 known as the "General Appropriation Act of 1990." For the school
5 year 1990-1991, the Factor for Educational Expense used to
6 compute all school districts' entitlements to payments on
7 account of instruction, as provided for in subsection (d) of
8 section 2502, shall be two thousand five hundred fifty dollars
9 ($2,550). For the school year 1991-1992 and each school year
10 thereafter, the Factor for Educational Expense used to compute
11 all school districts' entitlements to payments on account of
12 instruction, as provided for in subsection (d) of section 2502,
13 shall be two thousand six hundred fifty-five dollars ($2,655).
14 Section 7. Section 2502(h) of the act, added December 17,
15 1982 (P.L.1378, No.316), is amended to read:
16 Section 2502. Payments on Account of Instruction.--* * *
17 (h) Students enrolled in a private residential
18 rehabilitative institution as defined in section 914.1-A or a
19 day treatment program of such an institution or a day treatment
20 program approved by the Department of Public Welfare as provided
21 for in section 1310(b) or a State-owned school other than a
22 post-secondary school shall be considered in the weighted
23 average daily membership of the school district of residence for
24 the purpose of making payments under this section.
25 Section 8. Section 2502.11(b) and (d) of the act, amended or
26 added October 20, 1988 (P.L.827, No.110) and July 8, 1989
27 (P.L.253, No.43), are amended to read:
28 Section 2502.11. Economic Supplement.--* * *
29 (b) For the school years 1982-1983 through 1986-1987, each
30 qualifying school district shall be paid on account of children
19910H0221B2442 - 11 -
1 in low-income families an amount in accordance with the
2 following table:
3 Percentage of Low-Income Pupils Grant Per
4 In Average Daily Membership Low-Income Pupil
5 10 - 19.9 $100
6 20 - 39.9 $300
7 40 or over $500
8 For the school year 1987-1988, each qualifying school
9 district shall be paid on account of children in low-income
10 families an amount in accordance with the following table:
11 Percentage of Low-Income Pupils Grant Per
12 In Average Daily Membership Low-Income Pupil
13 8 - 14.9 $128
14 15 - 29.9 $357
15 30 or over $587
16 For the school [year 1988-1989 and each school year
17 thereafter] years 1988-1989 and 1989-1990, each qualifying
18 school district shall be paid on account of children in low-
19 income families an amount in accordance with the following
20 table:
21 Percentage of Low-Income Pupils Grant Per
22 In Average Daily Membership Low-Income Pupil
23 8 - 14.9 6% of the factor for educational
24 expense used to make payments on
25 account of instruction, as
26 provided for in section 2501(19).
27 15 - 29.9 16% of the factor for educational
28 expense used to make payments on
29 account of instruction, as
30 provided for in section 2501(19).
19910H0221B2442 - 12 -
1 30 or over 27% of the factor for educational
2 expense used to make payments on
3 account of instruction, as
4 provided for in section 2501(19).
5 For the school year 1990-1991 and each school year
6 thereafter, each qualifying school district shall be paid on
7 account of children in low-income families an amount in
8 accordance with the following table:
9 Percentage of Low-Income Pupils Grant Per
10 In Average Daily Membership Low-Income Pupil
11 8 - 14.9 6% of the factor for educational
12 expense used to make payments on
13 account of instruction, as
14 provided for in section 2501(19).
15 15 - 19.9 16% of the factor for educational
16 expense used to make payments on
17 account of instruction, as
18 provided for in section 2501(19).
19 20 - 29.9 23% of the factor for educational
20 expense used to make payments on
21 account of instruction, as
22 provided for in section 2501(19).
23 30 or over 27% of the factor for educational
24 expense used to make payments on
25 account of instruction, as
26 provided for in section 2501(19).
27 For the 1982-1983 school year and each school year thereafter,
28 low-income pupils are defined for purposes of this section as
29 children aged five (5) to seventeen (17) years, inclusive, in
30 families receiving a grant in excess of two thousand dollars
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1 ($2,000) from the Commonwealth on account of dependent children
2 under Title IV of the Federal Social Security Act.
3 * * *
4 (d) For the school year 1988-1989 and each school year
5 thereafter, any district which levies and collects local taxes
6 for school purposes equal to or above the median equalized
7 millage, as defined in section 2501(9.3), in the year for which
8 reimbursement is determined or any school district the majority
9 of whose population is drawn from a city of the first through
10 third class which levies and collects local taxes for municipal
11 purposes equal to or above the municipal median equalized
12 millage, as defined in section 2501(9.5), for the most recent
13 municipal fiscal year for which data is available shall qualify
14 for and receive a payment based upon local tax effort and
15 population per square mile in accordance with the following
16 table, except for qualifying districts which include a central
17 city of a Standard Metropolitan Statistical Area and have a
18 district population of less than four thousand (4,000) persons
19 per square mile, which districts shall receive three percent
20 (3%) of their instructional expenditures:
21 Population Per Square Mile Payment as Percent of
22 of the Qualifying District Instructional Expenditure
23 5,950 and over 5
24 4,000 - 5,949 3
25 less than 4,000 1
26 Qualifying districts having a general population of five
27 thousand nine hundred fifty (5,950) or more persons per square
28 mile and at least thirty-five thousand (35,000) WADM's shall be
29 paid nineteen percent (19%) of their instructional expenditures.
30 A central city of a Standard Metropolitan Statistical Area which
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1 has an equalized millage as defined in clause (9.2) of section
2 2501 to be greater than the median equalized millage by 10.29
3 and has an estimated 1990-1991 Weighted Average Daily Membership
4 (WADM) provided by the Department of Education in June 1991 that
5 is less than the actual 1989-1990 Weighted Average Daily
6 Membership by two hundred (200) shall receive an additional two
7 percent (2%) of their 1990-1991 Actual Instructional
8 Expenditure.
9 Section 9. Section 2502.13 of the act, amended July 8, 1989
10 (P.L.253, No.43), is amended to read:
11 Section 2502.13. Small District Assistance.--For the 1984-
12 1985 and 1985-1986 school years, the Commonwealth shall pay to
13 each school district which has an average daily membership of
14 one thousand five hundred (1,500) or less and has a market
15 value/income aid ratio of five thousand ten-thousandths (0.5000)
16 or greater, an amount equal to fifty dollars ($50) multiplied by
17 that district's average daily membership. For the 1985-1986
18 school year, no school district shall receive less on account of
19 this section than it did for the 1984-1985 school year. For the
20 school year 1986-1987, the Commonwealth shall pay to each school
21 district which has an average daily membership of one thousand
22 five hundred (1,500) or less and has a market value/income aid
23 ratio of five thousand ten-thousandths (0.5000) or greater, or
24 received payments under this section for the 1985-1986 school
25 year, an amount equal to seventy-five dollars ($75) multiplied
26 by that district's average daily membership. For the school year
27 1987-1988, the Commonwealth shall pay to each school district
28 which has an average daily membership of one thousand five
29 hundred (1,500) or less and a market value/income aid ratio of
30 five thousand ten-thousandths (0.5000) or greater, or received
19910H0221B2442 - 15 -
1 payments under this section for the 1986-1987 school year, an
2 amount equal to eighty-five dollars ($85) multiplied by that
3 district's average daily membership. For the school year 1988-
4 1989 and each school year thereafter, the Commonwealth shall pay
5 to each school district which has an average daily membership of
6 one thousand five hundred (1,500) or less and a market
7 value/income aid ratio of five thousand ten thousandths (0.5000)
8 or greater, or received payments under this section for the
9 1987-1988 or 1988-1989 school year, an amount equal to one
10 hundred five dollars ($105). For the school year 1989-1990, the
11 Commonwealth shall pay to each school district which has an
12 average daily membership of one thousand five hundred (1,500) or
13 less and a market value/income aid ratio of five thousand ten-
14 thousandths (0.5000) or greater, or received payments under this
15 section for the 1987-1988 school year, an amount equal to one
16 hundred fifteen dollars ($115) multiplied by the district's
17 average daily membership as provided for in section 212 of the
18 act of July 1, 1990 (P.L. , No.7A) known as the "General
19 Appropriation Act of 1990." For the school year 1990-1991 and
20 each school year thereafter, the Commonwealth shall pay to each
21 school district which has an average daily membership of one
22 thousand five hundred (1,500) or less and a market value/income
23 aid ratio of five thousand ten thousandths (0.5000) or greater,
24 or received payments under this section for the prior school
25 year, an amount equal to one hundred seventy dollars ($170)
26 multiplied by that district's average daily membership. Each
27 school district with a population per square mile of less than
28 ninety (90), which otherwise meets the average daily membership
29 and market value/income aid ratio requirements of this section,
30 or received payments under this section for the prior school
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1 year, shall instead receive an amount equal to one hundred
2 ninety dollars ($190) multiplied by that district's average
3 daily membership. For the 1987-1988 school year and each school
4 year thereafter, no school district shall receive less on
5 account of this section than it did for the prior school year.
6 Section 10. The act is amended by adding sections to read:
7 Section 2502.17. Low Expenditure, Low Wealth Supplement.--
8 For the 1990-1991 school year and each school year thereafter,
9 the Commonwealth shall pay to each school district which has a
10 market value/income aid ratio of six thousand ten-thousandths
11 (0.6000), or greater, and has an actual instruction expenditure
12 per weighted average daily membership for the school year prior
13 to the reimbursable year, which is less than the Statewide
14 median actual instruction expenditure per weighted average daily
15 membership for that year, an amount equal to one and three-
16 tenths percent (1.3%) of the school district's actual
17 instruction expenditure for the reimbursable year: Provided,
18 That no school district shall receive a dollar amount, which,
19 when combined with its actual instruction expenditure for the
20 year prior to the reimbursable year, would result in the
21 district's actual instruction expenditure per weighted average
22 daily membership exceeding the Statewide median actual
23 instruction expenditure per weighted average daily membership
24 for the year prior to reimbursement.
25 Section 2502.18. Low Expenditure Poverty Supplement.--For
26 the 1990-1991 school year and each school year thereafter, the
27 Commonwealth shall pay to each school district, which has an
28 actual instruction expenditure per weighted average daily
29 membership for the school year prior to the reimbursable year,
30 which is less than three thousand four hundred forty-five
19910H0221B2442 - 17 -
1 dollars ($3445), and has ten percent (10%) or more of its pupils
2 in average daily membership as children in low-income families,
3 an amount equal to one-half percent (.5%) of their actual
4 instruction expenditure.
5 Section 11. Section 2503 of the act is amended by adding a
6 subsection to read:
7 Section 2503. Payments on Account of Tuition.--* * *
8 (d) Each school district, regardless of classification,
9 whose resident pupils attend a State-owned school, other than a
10 post-secondary school, shall pay the greater of either twenty
11 percent (20%) of the cost per pupil as determined by the
12 Department of Education or its "tuition charge per elementary
13 pupil" or its "tuition charge per high school pupil," as the
14 case may be. The Secretary of Education shall withhold from any
15 moneys due to such districts out of any State appropriation for
16 assistance as reimbursement of school districts, the amounts due
17 by such districts to such State-owned schools. Amounts so
18 withheld shall be specifically appropriated to the Department of
19 Education.
20 Section 12. Section 2505.1 of the act is amended by adding a
21 subsection to read:
22 Section 2505.1. State Reimbursement for Health Services.--*
23 * *
24 (b.1) Every school district which renders health services to
25 children shall be reimbursed by the Commonwealth on account of
26 health services which conform to standards approved by the
27 Secretary of Health. Reimbursement shall be paid by the
28 Secretary of Health. For the school year 1990-1991, the amount
29 of this reimbursement for this subsection shall be the sum of
30 five dollars and ninety cents ($5.90) multiplied by the average
19910H0221B2442 - 18 -
1 daily membership of each school district. For the school year
2 1991-1992 and each school year thereafter, the amount of this
3 reimbursement for this subsection shall be the sum of nine
4 dollars and seventy cents ($9.70) multiplied by the average
5 daily membership of each school district.
6 * * *
7 Section 13. Section 2506.1 of the act, added December 17,
8 1982 (P.L.1378, No.316), is amended to read:
9 Section 2506.1. Payments on Account of Approved Adult
10 Program Travel.--(a) Every school district and area vocational-
11 technical school shall be paid by the Commonwealth for every
12 school year, on account of approved adult vocational program
13 traveling expenses in the discharge of teaching and supervisory
14 responsibilities of teachers, coordinators, supervisors and
15 directors in vocational education, eighty per centum (80%) of
16 the sum expended by the school district or area vocational-
17 technical school for such approved travel.
18 (b) For the 1991-1992 school year and each school year
19 thereafter, the Commonwealth shall pay the amount required by
20 this section to the school district or area vocational-technical
21 school which provides the program upon which such reimbursement
22 is based.
23 Section 14. Section 2507 of the act, amended July 10, 1986
24 (P.L.1270, No.117), is amended to read:
25 Section 2507. Payments on Account of Approved Vocational
26 Extension Classes and Pre-employment Training.--Every school
27 district and every vocational school district and area
28 vocational-technical school, regardless of classification, shall
29 be paid by the Commonwealth for every school year, on account of
30 approved vocational extension classes and pre-employment
19910H0221B2442 - 19 -
1 training, eighty per cent (80%) of the sum which was expended by
2 the district or area vocational-technical school for the
3 compensation of vocational extension and pre-employment training
4 teachers and supervisors. For the purpose of computing
5 reimbursement, the maximum compensation shall be four dollars
6 ($4.00) per hour for the 1985-1986 through the 1989-1990 school
7 years, and eight dollars and sixty cents ($8.60) per hour for
8 the 1990-1991 school year and each school year thereafter and
9 the amount expended for supervisory salaries shall not exceed
10 twenty per cent (20%) of the sum expended for teachers'
11 salaries: Provided, That in special cases when travel time or
12 unusual preparation of instructional materials or other factors
13 result in an inadequate compensation, the Department of
14 Education may approve additional reimbursable employment time
15 for such additional services upon the submission of adequate
16 substantiative evidence from the responsible superintendent of
17 schools. For the 1985-1986 school year and each school year
18 thereafter, the Commonwealth shall pay the amount required by
19 this section to the school district or area vocational-technical
20 school which provided the approved vocational extension classes
21 and pre-employment training for which reimbursement is made.
22 Section 15. Section 2509 of the act, amended December 29,
23 1972 (P.L.1732, No.373), is amended to read:
24 Section 2509. Payments on Account of Courses for Exceptional
25 Children.--[Annually, before] (a) Before the first day of July,
26 of every year up to and including 1990, every school district or
27 joint board of school directors planning to conduct classes or
28 schools for [the] exceptional children shall submit, for prior
29 review and approval to establish the amount on which
30 reimbursement will be paid by the Department of Education, an
19910H0221B2442 - 20 -
1 estimate of the cost of classes or schools for exceptional
2 children to be operated by the district or joint board during
3 the ensuing school year, and for transportation of pupils to and
4 from classes and schools for exceptional children conducted by
5 the district or joint board of school directors. [Every school
6 district, regardless of classification, shall be paid by the
7 Commonwealth for the school term 1953-1954, the sum of twenty
8 dollars ($20) per pupil in average daily membership in a course
9 or courses for mentally handicapped children, and the sum of
10 thirty dollars ($30) per pupil in average daily membership in a
11 course or courses for physically handicapped children, approved
12 by the Secretary of Education. Beginning with] From the school
13 term of 1954-1955 [and for every school term thereafter] up to
14 and including the school term of 1990-1991, every school
15 district, regardless of classification, shall be paid by the
16 Commonwealth an amount to be determined by multiplying the
17 average daily membership in a course or courses for exceptional
18 children, (1) at the elementary level, by an amount determined
19 by subtracting the "instruction cost per elementary pupil," as
20 defined in section 2561 of this act, from the "instruction cost
21 per special class pupil," as hereinafter defined, for the
22 preceding school term, or from the instruction cost per special
23 class elementary pupil as approved for reimbursement by the
24 Department of Education in the budget for classes or schools for
25 exceptional children for the school year in which the class is
26 operated, whichever is the lesser, (2) at the secondary level,
27 by an amount determined by subtracting the "instruction cost per
28 high school pupil," as defined in section 2561 of this act, from
29 the "instruction cost per special class pupil," as hereinafter
30 defined, for the preceding school term, or from the instruction
19910H0221B2442 - 21 -
1 cost per special classes secondary pupil as approved for
2 reimbursement by the Department of Education in the budget for
3 classes or school for exceptional children for the school year
4 in which the class is operated, whichever is the lesser.
5 (b) To find the "instruction cost per special class pupil,"
6 add (1) salaries of directors and supervisors of special
7 education, public school psychologists, principals of special
8 schools and assistants, teachers of approved special classes for
9 exceptional children, clerks and assistants employed in the
10 district's program for special education, (2) the district's
11 contribution to the retirement fund on behalf of directors and
12 supervisors of special education, public school psychologists,
13 principals of special schools and assistants, teachers of
14 approved special classes for exceptional children, clerks and
15 assistants employed in the district's program for special
16 education, (3) the cost of textbooks and supplies of the second
17 class used in the district's special education classes or
18 schools, (4) the cost of telephonic system equipment which
19 enables handicapped children to remain in their homes and still
20 participate in classroom activities. Divide the sum of (1), (2),
21 (3), and (4) on that part thereof which is approved by the
22 Department of Education for reimbursement by the total number of
23 pupils, including those pupils who have available for use
24 telephonic system equipment whereby they may remain at home and
25 still participate in classroom activities, in average daily
26 membership in the district's approved special classes for
27 exceptional children. The quotient so obtained shall be the
28 "instruction cost per special class pupil."
29 (c) The average daily membership of speech correction
30 classes for every school term up to and including the 1990-1991
19910H0221B2442 - 22 -
1 school term shall be calculated by multiplying (1) the average
2 number of pupils in speech correction classes per week by (2)
3 the number of periods per week that speech correction is
4 provided for the individual pupil by (3) the number of minutes
5 per period in speech correction class. Divide the product of
6 (1), (2) and (3) by the total number of minutes spent in all
7 classes weekly by the average pupil. The quotient thus obtained
8 will be the "average daily membership for pupils in speech
9 correction classes."
10 (d) [For] From the school term of 1972-1973 [and for the
11 school term of each school year thereafter] up to and including
12 the school term of 1988-1989, such payments shall consist of an
13 amount payable in two equal installments during the year of
14 operation, with adjustments to be made during the next
15 succeeding school year. The amount to be paid in equal
16 installments on or about the first day of August and on or about
17 the first day of January of the operating year shall be the sum
18 of the products determined by multiplying the anticipated
19 equivalent full-time average daily membership in courses for
20 exceptional children as reported on the approved budget for the
21 operating year (1) at the elementary level times an amount
22 determined by subtracting the estimated instruction cost per
23 elementary pupil, as defined in section 2561 of this act, for
24 the preceding school term from the budgeted instruction cost per
25 special class elementary pupil as approved by the Department of
26 Education for the operating year and (2) at the secondary level
27 times an amount determined by subtracting the estimated
28 instruction cost per high school pupil, as defined in section
29 2561 of this act, for the preceding school term from the
30 budgeted instruction cost per special class secondary pupil as
19910H0221B2442 - 23 -
1 approved by the Department of Education for the operating year.
2 (e) [The] For every operating year up to and including the
3 1987-1988 school year, the adjustment to be made during the
4 school year immediately succeeding the operating year shall be
5 determined by subtracting the payments made during the preceding
6 year from the actual amount of reimbursement which would have
7 been payable for said year if calculated as during the year
8 1954-1955 through 1971-1972. When determined, the adjusted
9 amount, if positive, shall be paid promptly to the district and,
10 if negative, shall be withheld from any moneys due to such
11 district out of any State appropriation.
12 (f) During the 1991-1992 school year, the Commonwealth shall
13 pay to each school district the estimated amount due on account
14 of approved special education programs operated by each school
15 district during the 1990-1991 school term. Such payments shall
16 consist of an amount payable in six (6) installments as follows:
17 in July of 1991, fifteen percent (15%) of the estimated amount
18 due; in September of 1991, fifteen percent (15%) of the
19 estimated amount due; in November of 1991, fifteen percent (15%)
20 of the estimated amount due; in January of 1992, fifteen percent
21 (15%) of the estimated amount due; in March of 1992, fifteen
22 percent (15%) of the estimated amount due; and in June of 1992,
23 the remainder due, determined by adding the payments made during
24 July, September, November, January and March and subtracting the
25 result from the actual reimbursable amount earned for the 1990-
26 1991 school term.
27 Section 16. Section 2509.1 of the act, amended July 8, 1989
28 (P.L.253, No.43), is amended to read:
29 Section 2509.1. [Payment on Account of Transportation,
30 Classes and Schools for Exceptional and Institutionalized
19910H0221B2442 - 24 -
1 Children.--] Payments to Intermediate Units.--(a) Annually,
2 before the first day of July, every intermediate unit shall
3 submit, for prior review and approval by the Department of
4 Education, an estimate of the cost [of operating and
5 administering classes or schools for exceptional and
6 institutionalized children, including the cost of such fiscal
7 controls as auditing and necessary treasurer's and secretary's
8 bonds to be operated by the intermediate unit during the ensuing
9 school year, and] for transportation of pupils to and from
10 classes and schools for exceptional children, and of eligible
11 young children to and from early intervention programs, whether
12 or not such classes, schools or programs are conducted by the
13 intermediate unit. On or before the first day of [August]
14 September, the Commonwealth shall pay to the intermediate unit a
15 sum equal to one-half of the approved [estimated] annual cost of
16 [operation and administration of classes and schools for
17 exceptional and institutionalized children and] such
18 transportation [for exceptional children] in the prior year and,
19 on or before the first day of [January] February, shall pay [an
20 equal sum, or a lesser sum as may be shown to be necessary by an
21 adjusted budget based upon expenditures during the first half of
22 the school term. At the end of each school year all unexpended
23 funds shall be credited to Commonwealth. Payments due for the
24 succeeding school year on account of the operation of such
25 classes or upon direction of the Secretary of Education shall be
26 returned to the Commonwealth. All such funds returned are hereby
27 specifically appropriated to the Department of Education for
28 support of schools and classes, and transportation for
29 exceptional children. For] a sum equal to one-quarter of the
30 approved estimated annual cost of such transportation for the
19910H0221B2442 - 25 -
1 current school year, and on or before June 30, the Commonwealth
2 shall pay the remaining quarter adjusted to reflect actual
3 approved cost.
4 (b) On or before the first day of July 1991, every
5 intermediate unit shall submit, for prior review and approval by
6 the Department of Education, an estimate of the cost of
7 operating and administering classes or schools for
8 institutionalized children operated by the intermediate unit
9 during the 1990-1991 school year. During the 1991-1992 school
10 year, the Commonwealth shall pay each intermediate unit the
11 approved amount.
12 (c) For the 1991-1992 school year, five percent (5%) of the
13 State special education appropriation shall be paid to the
14 intermediate units on account of special education services. Of
15 this five percent (5%), thirty-five percent (35%) shall be
16 distributed equally among all twenty-nine (29) intermediate
17 units. The remaining sixty-five percent (65%) shall be
18 distributed to each intermediate unit in proportion to the
19 number of average daily membership of the component school
20 districts of each intermediate unit as compared to the Statewide
21 total average daily membership.
22 (d) For the 1991-1992 school year, each intermediate unit
23 which is coterminous to a school district of the first class or
24 first class A shall be paid fifty percent (50%) of the amount
25 received by the intermediate unit for the cost of operating and
26 administering classes or schools for exceptional children, as
27 approved by the Department of Education for the 1990-1991 school
28 year. For the 1991-1992 school year, each intermediate unit not
29 coterminous with a school district which operates all the
30 special education programs for handicapped children for its
19910H0221B2442 - 26 -
1 constituent school districts shall be paid ten percent (10%) of
2 the amount received by the intermediate unit for the cost of
3 operating and administering classes or schools for handicapped
4 children, as approved by the Department of Education for the
5 1990-1991 school year.
6 (e) For the 1991-1992 school year and for each school year
7 thereafter, payments to intermediate units under this section
8 shall consist of an amount payable in three (3) installments
9 during the school year as follows: in August, fifty percent
10 (50%) of the payments under subsections (b) and (c) or (d); in
11 November, forty-five percent (45%) of the payments under
12 subsections (b), (c) or (d); and on June 1, the balance of the
13 payments due.
14 (f) For each school year up to and including 1990-1991, for
15 each child enrolled in any special class or school for
16 exceptional children operated by an intermediate unit, the
17 school district in which the child is resident shall pay to the
18 Commonwealth a sum equal to the "tuition charge per elementary
19 pupil" or the "tuition charge per high school pupil," as
20 determined for the schools operated by the district or by a
21 joint board of which the district is a member, for the same year
22 in which the special class or school is operated, as provided
23 for in section two thousand five hundred sixty-one of the act to
24 which this is an amendment. In the event that any school
25 district has not established such "tuition charge per elementary
26 pupil" or "tuition charge per high school pupil," the Secretary
27 of Education shall fix a reasonable charge for such district for
28 the year in question. Except that for the 1990-1991 school year,
29 the school district payment to the Commonwealth under this
30 subsection, for each child enrolled in other than intermediate
19910H0221B2442 - 27 -
1 unit classes or schools for institutionalized children, shall be
2 limited to twenty-five percent (25%) of the applicable tuition
3 charges in the case of all intermediate units. In addition, the
4 district shall pay on account of transportation by the
5 intermediate unit of pupils to and from classes and schools for
6 exceptional children, whether or not conducted by the
7 intermediate unit, an amount to be determined by subtracting
8 from the cost of transportation per pupil the reimbursement due
9 the district on account of such transportation [in]. In order to
10 facilitate such payments by the several school districts[. The],
11 the Secretary of Education shall withhold from any moneys due to
12 such district out of any state appropriation, except from
13 reimbursements due on account of rentals as provided in section
14 two thousand five hundred eleven point one of the act to which
15 this is an amendment, the amounts due by such school districts
16 to the Commonwealth. All amounts so withheld are hereby
17 specifically appropriated to the Department of Education for the
18 support of public schools. [The cost of operating and
19 administering classes and schools for institutionalized
20 children, including the cost of necessary fiscal controls, shall
21 be paid by the Commonwealth.]
22 Section 17. Section 2509.3 of the act, amended July 1, 1985
23 (P.L.103, No.31), is amended to read:
24 Section 2509.3. Payments on Account of Transportation of
25 Nonpublic School Pupils.--Each school district, regardless of
26 classification, shall be paid by the Commonwealth the sum of
27 thirty-five dollars ($35) for each nonpublic school pupil
28 transported in the school year 1978-1979 through the school year
29 1983-1984 [and], for the school year 1984-1985 [and each school
30 year thereafter,] through the school year 1990-1991 each school
19910H0221B2442 - 28 -
1 district shall be paid the sum of seventy dollars ($70) for each
2 nonpublic school pupil transported, and for the school year
3 1991-1992, each school district shall be paid the sum of one
4 hundred twenty-four dollars ($124) for each nonpublic school
5 pupil transported and for the school year 1992-1993 and each
6 school year thereafter, each school district shall be paid the
7 sum of one hundred fifty-nine dollars ($159) for each nonpublic
8 school pupil transported.
9 Section 18. The act is amended by adding sections to read:
10 Section 2509.5. Special Education Payments to School
11 Districts.--(a) This section applies to Commonwealth payments
12 to school districts for the support of programs and services for
13 exceptional children during the school year 1991-1992.
14 (b) During the 1991-1992 school year, school districts shall
15 be paid:
16 (1) an amount to be determined by multiplying five hundred
17 twenty-five dollars ($525) by seventeen percent (17%) of the
18 average daily membership of resident pupils; and
19 (2) an amount to be determined by multiplying seven thousand
20 dollars ($7,000) by one percent (1%) of the average daily
21 membership of resident pupils.
22 (c) Payments to school districts pursuant to this section
23 and any additional payments pursuant to sections 2509.6 and
24 2509.7 shall consist of an amount payable in six (6)
25 installments as follows: in July, fifteen percent (15%) of the
26 estimated amount due; in September, fifteen percent (15%) of the
27 estimated amount due; in November, fifteen percent (15%) of the
28 estimated amount due; in January, fifteen percent (15%) of the
29 estimated amount due; in March, fifteen percent (15%) of the
30 estimated amount due; and in June, the balance due, determined
19910H0221B2442 - 29 -
1 by subtracting the payments made during July, September,
2 November, January and March from the special education payment
3 earned by the school district.
4 Section 2509.6. Average Cost Guarantee.--(a) For the 1991-
5 1992 school year, the dollars available to school districts for
6 operating and administering classes for exceptional children
7 shall be guaranteed at eight thousand five hundred five dollars
8 ($8,505) per average daily membership for special education
9 programs and services offered by school districts during the
10 1990-1991 school year and ten thousand two hundred ninety
11 dollars ($10,290) per average daily membership for special
12 education programs and services offered by the intermediate unit
13 during the 1990-1991 school year.
14 (b) The dollars available to school districts for operating
15 and administering classes for exceptional children shall be the
16 sum of the following: total average daily membership for
17 students receiving special education multiplied by the tuition
18 charge pursuant to section 2561, plus the amount calculated
19 pursuant to sections 2509(f) and 2509.5(b) and three times the
20 district's payment to the Commonwealth for noninstitutionalized
21 children's programs pursuant to section 2509.1(f). The sum thus
22 obtained shall be divided by the average daily membership for
23 students reported in intermediate unit and school district
24 special education programs during 1990-1991. The quotient
25 obtained is the amount available per special education average
26 daily membership.
27 (c) For each average daily membership in special education
28 in 1990-1991, each school district shall receive from the
29 Commonwealth the funds equal to the greater of subsection (a) or
30 (b).
19910H0221B2442 - 30 -
1 Section 2509.7. Minimum Guarantee.--For the 1991-1992 school
2 year, each intermediate unit, in the aggregate, including the
3 intermediate unit and its member school districts, shall receive
4 at least a three and five-tenths percent (3.5%) increase in the
5 aggregate revenue for special education over the aggregate cash
6 amount available from the Commonwealth for special education
7 during the 1990-1991 school year. The intermediate unit shall
8 meet with its constituent school districts to develop a plan for
9 the expenditure or distribution of the funds provided by this
10 section for the purpose of the provision of special education
11 programs and services. These funds may not be expended or
12 distributed by the intermediate unit until a majority of the
13 boards of directors of the constituent school districts have
14 approved such expenditures or distribution. If the amount
15 received under the provisions of this section is less than ten
16 thousand dollars ($10,000), such amount may be retained by the
17 intermediate unit for the purpose of providing special education
18 programs or services without the approval of its constituent
19 school districts. For the purpose of computing the revenue
20 available for the guarantee in this section, the Commonwealth
21 shall include funds allocated pursuant to sections 2509(f) and
22 2509.5(b), plus an amount equal to three times the school
23 district payment to the Commonwealth pursuant to section
24 2509.1(b) and the funds allocated pursuant to section 2509.1(c),
25 (d) and (f) and 2509.6.
26 Section 2509.8. Extraordinary Special Education Program
27 Expenses.--The Department of Education shall, for the 1991-1992
28 school year, set aside one percent (1%) of the State special
29 education appropriation for extraordinary expenses to be
30 incurred in providing a special education program or service to
19910H0221B2442 - 31 -
1 an exceptional student as approved by the Secretary of
2 Education. The Secretary of Education shall establish guidelines
3 for the application, approval, distribution and expenditure of
4 these funds and shall report annually to the General Assembly on
5 such expenditures.
6 Section 19. Section 2517(c) of the act, amended July 1, 1985
7 (P.L.103, No.31), is amended to read:
8 Section 2517. Payments.--* * *
9 (c) For the 1981-1982 school year [and every school year
10 thereafter] through the 1990-1991 school year, the amount
11 apportioned and allotted to each school district shall be
12 divided into six payments and the Secretary of Education shall
13 draw his requisition six times upon the State Treasurer in favor
14 of each district for the amount to which it is entitled. The
15 first five payments shall be estimates based on but not to
16 exceed fifteen percent (15%) each of the total net amount
17 apportioned and allocated to the school district for the payment
18 year. The final payment shall be the balance of the
19 apportionment due for the applicable school year. Payment
20 thereof shall be made to all school districts on the fourth
21 Thursday of August, October, December, February and April and
22 the first day of June. For the 1991-1992 school year and every
23 school year thereafter, the amount apportioned and allotted to
24 each school district shall be divided into six payments and the
25 Secretary of Education shall draw his requisition six times upon
26 the State Treasurer in favor of each district for the amount to
27 which it is entitled. The first five payments shall be estimates
28 based on but not to exceed fifteen percent (15%) each of the
29 total net amount apportioned and allocated to the school
30 district for the payment year. The final payment shall be the
19910H0221B2442 - 32 -
1 balance of the apportionment due for the applicable school year.
2 Payment thereof shall be made to all school districts on the
3 last Thursday of August, October, December, February and April
4 and the first day of June.
5 * * *
6 Section 20. Section 2543 of the act, amended October 21,
7 1965 (P.L.601, No.312), is amended to read:
8 Section 2543. Sworn Statement of Amount Expended for
9 Reimbursable Transportation; Payment; Withholding.--[On or
10 before the first day of July of each year, each school district
11 entitled to reimbursement on account of pupil transportation
12 shall present to the Superintendent of Public Instruction in
13 such form as he may prescribe and on blanks to be furnished by
14 him, a sworn statement of the amount expended during the
15 previous school year for reimbursable transportation of pupils
16 to and from school, and any amount expended during the previous
17 school year for board and lodging in lieu of reimbursable
18 transportation. On the basis of such statement, the
19 Superintendent of Public Instruction shall, by requisition upon
20 the State Treasurer, pay, during the month of September, to such
21 school district, such reimbursement for the previous school year
22 as is provided for in this act. The Department of Public
23 Instruction] Annually, each school district entitled to
24 reimbursement on account of pupil transportation shall provide
25 in a format prescribed by the Secretary of Education, data
26 pertaining to pupil transportation for the prior and current
27 school year. Districts will receive a payment in August equal to
28 ten percent (10%) of the transportation subsidy paid to that
29 school district in the prior year. An additional twenty percent
30 (20%) payment will be provided in the month following receipt of
19910H0221B2442 - 33 -
1 the prior year's data. A twenty-five percent (25%) payment will
2 be forwarded in December to all school districts that have
3 provided current year data. A payment in March will be
4 calculated by totaling all current year transportation payments
5 and subtracting that total from an amount equal to eighty
6 percent (80%) of the projected total transportation
7 reimbursement for the current year. The final payment will occur
8 in June and be calculated by subtracting the total of the first
9 four payments, and any other transportation subsidy adjustments
10 necessary, from the actual current year's total transportation
11 reimbursement. The Department of Education may, for cause
12 specified by it, withhold such reimbursement, in any given case,
13 permanently, or until the school district has complied with the
14 law or regulations of the State Board of Education.
15 Section 21. The act is amended by adding an article to read:
16 ARTICLE XXVI-F
17 EQUIPMENT GRANTS
18 Section 2601-F. Definitions.--When used in this article, the
19 following words and phrases shall have the following meanings:
20 "Community colleges" shall mean institutions now or hereafter
21 created pursuant to the act of August 24, 1963 (P.L.1132,
22 No.484), known as the "Community College Act of 1963," or
23 Article XIX-A of this act.
24 "Department" shall mean the Department of Education of the
25 Commonwealth.
26 "Educational equipment" shall mean tangible property used by
27 institutions of higher education in support of instruction. The
28 term shall not include equipment used in support of sectarian
29 and denominational instruction or for any other sectarian and
30 denominational purpose or activity.
19910H0221B2442 - 34 -
1 "Eligible institution" shall mean an independent institution
2 of higher education which is approved by the department for
3 equipment grants pursuant to the provisions of this article. The
4 term does not include an institution which is determined by the
5 Department of Education to be a community college, a theological
6 seminary or school of theology or a sectarian and denominational
7 institution, nor does it include a State-owned or State-related
8 institution.
9 "Equipment grant" shall mean an amount determined by dividing
10 the funds appropriated pursuant to this article, less reasonable
11 administrative expenses, by the total of all certified full-time
12 equivalent students from all eligible institutions applying for
13 grants.
14 "Full-time equivalent students" shall mean the enrollment in
15 programs at eligible institutions expressed in terms of full-
16 time students as determined by the Department of Education.
17 "Independent institution of higher education" shall mean an
18 institution of higher education which is operated not-for-
19 profit, located in and incorporated or chartered by the
20 Commonwealth, entitled to confer degrees as set forth in section
21 211 of the act of May 5, 1933 (P.L.289, No.105), known as the
22 "Nonprofit Corporation Law," and entitled to apply to itself the
23 designation "college" or "university" as provided for by
24 standards and qualifications prescribed by the State Board of
25 Education pursuant to the act of May 7, 1937 (P.L.585, No.150),
26 entitled, as amended, "An act prohibiting the use of the
27 designation of 'college' by any institution not conforming to
28 the standards of a college prescribed by the State Board of
29 Education; and providing for injunctions, and penalties."
30 "Pennsylvania based" shall mean educational equipment
19910H0221B2442 - 35 -
1 manufactured or assembled within this Commonwealth, or sold,
2 leased or otherwise provided to an eligible institution by a
3 vendor which has a place of business in this Commonwealth.
4 "State-owned institution" shall mean a member institution of
5 the State System of Higher Education.
6 "State-related institutions" shall mean The Pennsylvania
7 State University, the University of Pittsburgh, Temple
8 University and Lincoln University and their branch campuses.
9 Section 2602-F. Certification of Recipients.--From the
10 information it receives from colleges and universities the
11 department shall certify the number of full-time equivalent
12 students attending each eligible institution during the most
13 recent year for which data is available.
14 Section 2603-F. Institutional Equipment Grants.--For the
15 academic year beginning on or about September 1, 1991, the
16 department shall allot a one-time equipment grant on behalf of
17 each full-time equivalent student attending the eligible
18 institution as certified pursuant to section 2602-F. The
19 allotment shall be made to each eligible institution from the
20 funds appropriated to the department pursuant to this article.
21 Following an initial allocation and allotment, if any funds
22 appropriated have not been and cannot be allocated to one or
23 more institutions otherwise eligible for funds, the department
24 shall reallocate these funds to the remaining eligible
25 institutions so that all funds appropriated under this article
26 have been allotted.
27 Section 2604-F. Use of Moneys.--The moneys appropriated
28 shall be used only for, or in connection with, expenses incurred
29 by the eligible institution to purchase, lease or otherwise
30 acquire educational equipment which is Pennsylvania based. If
19910H0221B2442 - 36 -
1 the eligible institution purchases, leases or otherwise acquires
2 educational equipment which is not Pennsylvania based, it must
3 file with the department a statement of justification as to why
4 Pennsylvania-based educational equipment was not obtained.
5 Section 2605-F. Forfeiture.--Any eligible institution which
6 refuses to submit such information for audit as required by this
7 article or knowingly submits misrepresentations or false
8 statements with the intention of fraudulently obtaining moneys
9 from the department shall be denied status as an eligible
10 institution under the provisions of this article.
11 Section 2606-F. Expiration.--This article shall expire on
12 June 30, 1992.
13 Section 22. The amendment, addition or repeal of sections
14 687, 1113, 1373.1, 1376(c), 2501(9.2), (18) and (19), 2502(h),
15 2502.11(b) and (d), 2502.13, 2502.17, 2502.18, 2503, 2505.1,
16 2506.1, 2507, 2509, 2509.1, 2509.3, 2509.5, 2509.6, 2509.7,
17 2509.8, 2517(c), 2543 and Article XXVI-F shall be retroactive to
18 July 1, 1991.
19 Section 23. This act shall take effect immediately.
A22L24JLW/19910H0221B2442 - 37 -