PRINTER'S NO. 1863
No. 1450 Session of 1991
INTRODUCED BY COWELL, DAVIES, COY, COLAFELLA, KOSINSKI, TULLI, DALEY, BILLOW, CARONE, MUNDY, RUDY, GEORGE, VAN HORNE, KUKOVICH, DERMODY, MARKOSEK, STABACK, GIGLIOTTI, MAYERNIK, CAPPABIANCA, DEMPSEY, PETRONE, LAUGHLIN, JADLOWIEC, REBER, SALOOM, JAROLIN, PETRARCA, JOSEPHS, McCALL, BLAUM, TANGRETTI, STISH, PESCI, JAMES, HALUSKA, MERRY, HANNA, OLASZ, LEVDANSKY, COLAIZZO, MELIO, NAILOR, BROUJOS, CESSAR, STEELMAN, BELARDI, HARPER, ARGALL, CARLSON, KRUSZEWSKI, MARSICO, BARLEY, D. W. SNYDER, CAWLEY, PISTELLA, GRUITZA, TRICH AND BLACK, JUNE 6, 1991
REFERRED TO COMMITTEE ON EDUCATION, JUNE 6, 1991
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 limitations of 6 certain payments; providing for an equity supplement; and 7 providing for payment on account of special education 8 programs. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Section 2501(15) and (19) of the act of March 10, 12 1949 (P.L.30, No.14), known as the Public School Code of 1949, 13 amended December 20, 1983 (P.L.267, No.73) and July 8, 1989 14 (P.L.253, No.43), are amended to read: 15 Section 2501. Definitions.--For the purposes of this article 16 the following terms shall have the following meanings: 17 * * *
1 (15) "Minimum Subsidy." For the school years 1976-1977 and 2 1977-1978, in no case shall a district receive for each pupil in 3 weighted average daily membership, an amount less than ten 4 percent (10%) of the actual cost of instruction or ten percent 5 (10%) of the base earned for reimbursement whichever is the 6 lesser amount. For the 1978-1979 school year through the 1980- 7 1981 school year, no school district shall receive for each 8 pupil in weighted average daily membership an amount less than 9 fifteen percent (15%) of the base earned for reimbursement or 10 actual instructional expense per WADM, whichever is the lesser 11 amount. For the 1976-1977 school year through the 1980-1981 12 school year, a district whose actual instruction expense per 13 weighted average daily membership is more than two hundred 14 dollars ($200) less than the median actual instruction expense 15 per weighted average daily membership, and whose equalized 16 millage is within fifteen percent (15%) of the median equalized 17 millage, the reimbursement shall be two hundred dollars ($200) 18 below the median actual instruction expense per weighted average 19 daily membership times the district's aid ratio for each 20 weighted average daily membership. For the 1982-1983 school year 21 [and each school year thereafter,] through the 1990-1991 school 22 year, no school district shall receive for each pupil in 23 weighted average daily membership an amount less than fifteen 24 percent (15%) of the factor for educational expense. 25 * * * 26 (19) "Factor for Educational Expense." For the school years 27 1982-1983 and 1983-1984, the factor for educational expense used 28 to compute school district entitlements to payments on account 29 of instruction, as provided for in subsection (d) of section 30 2502, shall be one thousand six hundred fifty-six dollars 19910H1450B1863 - 2 -
1 ($1,656) unless later changed by statute. For the school year 2 1983-1984, the Factor for Educational Expense shall be one 3 thousand seven hundred twenty-five dollars ($1,725), unless 4 later changed by statute, for those school districts 5 participating, during the 1984-1985 school year, in a Statewide 6 program for testing and remediation which is designed to 7 identify and provide remediation services to individual students 8 pursuant to section 1511.1. For the 1984-1985 school year, 9 notwithstanding any other provisions of this act to the 10 contrary, the Factor for Educational Expense used to compute all 11 school districts' entitlements to payments on account of 12 instruction, as provided for in subsection (d) of section 2502, 13 shall be one thousand eight hundred seventy-five dollars 14 ($1,875). For the 1985-1986 school year, the Factor for 15 Educational Expense used to compute all school districts' 16 entitlements to payments on account of instruction, as provided 17 for in subsection (d) of section 2502, shall be one thousand 18 nine hundred seventy dollars ($1,970). For the 1986-1987 school 19 year, the Factor for Educational Expense used to compute all 20 school districts' entitlements to payments on account of 21 instruction, as provided for in subsection (d) of section 2502, 22 shall be two thousand one hundred twenty-five dollars ($2,125). 23 For the school year 1987-1988, the Factor for Educational 24 Expense used to compute all school districts' entitlements to 25 payments on account of instruction, as provided for in 26 subsection (d) of section 2502, shall be two thousand two 27 hundred thirty dollars ($2,230). For the school year 1988-1989 28 [and each school year thereafter], the Factor for Educational 29 Expense used to compute all school districts' entitlements to 30 payments on account of instruction, as provided for in 19910H1450B1863 - 3 -
1 subsection (d) of section 2502, shall be two thousand three 2 hundred thirty dollars ($2,330). For the school year 1990-1991 3 and each school year thereafter, the Factor for Educational 4 Expense used to compute all school districts' entitlements to 5 payments on account of instruction, as provided for in 6 subsection (d) of section 2502, shall be two thousand five 7 hundred ten dollars ($2,510). 8 Section 2. Section 2502.5(b) of the act, amended July 8, 9 1989 (P.L.253, No.43), is amended to read: 10 Section 2502.5. Limitation of Certain Payments.--* * * 11 (b) Notwithstanding any other provisions of law, for the 12 school year 1982-1983 and 1983-1984, no school district shall be 13 paid under subsections (d) and (e) of section 2502 and section 14 2502.11 or, for the school year 1984-1985, no school district 15 shall be paid under subsections (d) and (e) of section 2502, 16 subsection (e) of this section, section 2502.11 and section 17 2502.13 or, for the school year 1985-1986, no school district 18 shall be paid under subsections (d) and (e) of section 2502, 19 subsection (e) of this section, section 2502.11, section 20 2502.13, section 2502.14 and section 2502.15 or, for the school 21 year 1986-1987, no school district shall be paid under 22 subsections (d) and (e) of section 2502, subsection (e) of this 23 section, section 2502.11, section 2502.13 and section 2502.15 24 or, for the school year 1987-1988, no school district shall be 25 paid under subsections (d) and (e) of section 2502, subsection 26 (e) of this section, sections 2502.11 and 2502.13 or, for the 27 school year 1988-1989 and each school year thereafter, no school 28 district shall be paid under subsections (d) and (e) of section 29 2502, sections 2502.11 and 2502.13 an amount in excess of one 30 hundred percent (100%) of the total reimbursable instructional 19910H1450B1863 - 4 -
1 expenditures of the school district. For the 1982-1983 school 2 year, all school districts qualifying for payments under 3 subsections (d) and (e) of section 2502 and section 2502.11 4 shall be limited to an increase payment on account of those 5 sections which shall not exceed nine percent (9%) over the sums 6 received on account of section 2502.9 for the 1981-1982 school 7 year, nor shall any school district receive an increase of less 8 than two percent (2%) of the 1982-1983 school year payments on 9 account of the 1981-1982 school year. For the 1984-1985 school 10 year, each school district qualifying for payments under 11 subsections (d) and (e) of section 2502 and section 2502.11 12 shall be limited to an increase payment on account of those 13 sections which shall not exceed eight and forty-five one 14 hundredths percent (8.45%) over the sums received on account of 15 such sections for the school year 1983-1984, nor shall any 16 school district receive an increase of less than two percent 17 (2%) of such payments for the school year 1983-1984: Provided, 18 however, That such payments for the school year 1983-1984 shall 19 be computed using a Factor for Educational Expense of one 20 thousand six hundred fifty-six dollars ($1,656) and a maximum 21 payment increase of seven and forty-five one hundredths percent 22 (7.45%) and a minimum payment increase of two percent (2%) and 23 the eighty percent (80%) guarantee provided for in section 24 2502.5(e). For the 1985-1986 school year, each school district 25 qualifying for payments under subsections (d) and (e) of section 26 2502, subsection (e) of this section and section 2502.11 shall 27 be limited to an increase payment on account of those sections 28 which shall not exceed seven percent (7%) over the sums received 29 on account of such sections for the school year 1984-1985, nor 30 shall any school district receive an increase less than two 19910H1450B1863 - 5 -
1 percent (2%) of such payments for the school year 1984-1985. For 2 the 1986-1987 school year, each school district qualifying for 3 payments under subsections (d) and (e) of section 2502, 4 subsection (e) of this section and section 2502.11 shall be 5 limited to an increase payment on account of those sections 6 which shall not exceed eight percent (8%) over the sums received 7 on account of such sections and section 2502.14 for the school 8 year 1985-1986, nor shall any school district receive an 9 increase less than two percent (2%) of such payment for the 10 school year 1985-1986. For the 1987-1988 school year, each 11 school district qualifying for payments under subsections (d) 12 and (e) of section 2502, subsection (e) of this section and 13 section 2502.11 shall be limited to an increase payment on 14 account of those sections which shall not exceed eight percent 15 (8%) over the sums received on account of such sections and 16 section 2502.15 for the school year 1986-1987, nor shall any 17 school district receive an increase less than two percent (2%) 18 of such payments for the school year 1986-1987. For the 1988- 19 1989 school year [and each school year thereafter,] through the 20 1989-1990 school year no school district qualifying for payments 21 under subsections (d) and (e) of section 2502, subsection (e) of 22 this section and section 2502.11 shall receive an increase less 23 than two percent (2%) of such payments for the prior school 24 year. For the 1990-1991 school year, no school district 25 qualifying for payments under subsections (d) and (e) of section 26 2502, subsection (e) of this section and section 2502.11 shall 27 receive an increase less than one percent (1%) of such payments 28 for the prior school year. 29 * * * 30 Section 3. The act is amended by adding sections to read: 19910H1450B1863 - 6 -
1 Section 2502.17. Equity Supplement.--(a) For the school 2 year 1990-1991 and each school year thereafter, each qualifying 3 school district shall be paid an equity supplement computed in 4 accordance with the provisions of subsection (b) and subject to 5 the limitations of the phase in provisions of subsections (c) 6 and (d) of this section. 7 (b) (1) The equity supplement shall be equal to the sum of 8 sixty percent (60%) of the market value component and forty 9 percent (40%) of the personal income component multiplied by the 10 district's weighted average daily membership (WADM). 11 (2) The market value component of the equity supplement 12 shall be the Statewide actual instruction expense per weighted 13 average daily membership for the prior year minus the sum of the 14 prior year base subsidy and the prior year market value revenue 15 per weighted average daily membership, provided the market value 16 component shall not be less than zero (0). 17 (3) The personal income component of the equity supplement 18 shall be the Statewide actual instruction expense per weighted 19 average daily membership for the prior year minus the sum of the 20 prior year base subsidy and the prior year personal income 21 revenue per weighted average daily membership, provided the 22 personal income component shall not be less than zero (0). 23 (c) The Secretary of Education shall identify districts as 24 meeting or not meeting each of the following criteria: 25 (1) The district's prior year actual instruction expense per 26 weighted average daily membership is less than the prior year 27 Statewide actual instruction expense per weighted average daily 28 membership. 29 (2) The district's equalized millage on market value is 30 greater than or equal to the median equalized millage on market 19910H1450B1863 - 7 -
1 value. 2 (3) The district's equalized millage on personal income is 3 greater than or equal to the median equalized millage on 4 personal income. 5 (4) The district's personal income component of the equity 6 supplement is greater than zero (0). 7 (5) The district's market value component of the equity 8 supplement is greater than zero (0). 9 (d) (1) Equity supplement payments for the 1990-1991 school 10 year, payable in the 1991-1992 school year to any district, 11 shall be reduced by: 12 (i) twenty-five percent (25%), if it meets five (5) of the 13 criteria; 14 (ii) forty-five percent (45%), if it meets four (4) of the 15 criteria; 16 (iii) sixty-five percent (65%), if it meets three (3) of the 17 criteria; and 18 (iv) eighty-five percent (85%), if it meets two (2) of the 19 criteria. 20 (2) Equity supplement payments for the 1991-1992 school 21 year, payable in the 1992-1993 school year to any district, 22 shall be reduced by: 23 (i) zero percent (0%), if it meets five (5) of the criteria; 24 (ii) twenty-five percent (25%), if it meets four (4) of the 25 criteria; 26 (iii) fifty percent (50%), if it meets three (3) of the 27 criteria; and 28 (iv) seventy-five percent (75%), if it meets two (2) of the 29 criteria. 30 (3) Equity supplement payments for the 1992-1993 school 19910H1450B1863 - 8 -
1 year, payable in the 1993-1994 school year to any district shall 2 be reduced by: 3 (i) zero percent (0%), if it meets five (5) of the criteria; 4 (ii) zero percent (0%), if it meets four (4) of the 5 criteria; 6 (iii) twenty-five percent (25%), if it meets three (3) of 7 the criteria; and 8 (iv) fifty percent (50%), if it meets two (2) of the 9 criteria. 10 (4) Equity supplement payments for the 1993-1994 school 11 year, payable in the 1994-1995 school year to any district, 12 shall be reduced by: 13 (i) zero percent (0%), if it meets five (5) of the criteria; 14 (ii) zero percent (0%), if it meets four (4) of the 15 criteria; 16 (iii) zero percent (0%), if it meets three (3) of the 17 criteria; and 18 (iv) twenty-five percent (25%), if it meets two (2) of the 19 criteria. 20 (e) In order to be eligible for any payments under this 21 section a district must have equalized millage on personal 22 income valuation greater than or equal to ten percent (10%) of 23 the Commonwealth's school districts or must have equalized 24 millage on real property valuation greater than or equal to ten 25 percent (10%) of the Commonwealth's school districts. 26 (f) For purposes of this section, the following terms shall 27 have the following meanings: 28 (1) "Base Subsidy." Is the product of the district's aid 29 ratio and the Factor for Educational Expense. 30 (2) "Equalized Millage on Personal Income." The amount of 19910H1450B1863 - 9 -
1 local school taxes collected divided by the personal income 2 valuation of the school district. 3 (3) "Market Value Revenue." Is the product of the median 4 equalized millage and the district's real property valuation. 5 (4) "Median Equalized Millage on Personal Income." The 6 equalized millage for which an equal number of districts are 7 above and below for that year. 8 (5) "Personal Income Revenue." Is the product of the median 9 equalized millage on personal income and the district's personal 10 income valuation. 11 (6) "Statewide Actual Instruction Expense per Weighted 12 Average Daily Membership." Is the Statewide total instruction 13 expense divided by the Statewide total weighted average daily 14 membership. 15 Section 2509.1.A. Payment on Account of Special Education 16 Programs.--(a) The school district supplemental unit excess 17 cost shall be calculated as follows: 18 (1) The cost actually incurred, for the school year being 19 reimbursed, of average school district salary and benefits for 20 four (4) classroom teachers who will provide instruction for 21 learning, emotional, life skills and gifted support as required 22 by law and regulation and average school district salary and 23 benefits for one (1) teacher assistant. 24 (2) Two thousand five hundred dollars ($2,500) per classroom 25 teacher in the unit for supplies for the 1991-1992 school year. 26 For the school year 1992-1993 and thereafter, this figure will 27 be adjusted to reflect any changes in the Consumer Price Index. 28 (3) For the school year 1992-1993 and thereafter, the cost 29 actually incurred for the school year being reimbursed, of 30 average school district salary and benefits for one additional 19910H1450B1863 - 10 -
1 classroom teacher. 2 (b) The intermediate unit supplemental unit excess cost 3 shall be calculated as follows: 4 (1) The actual cost incurred in the previous school year for 5 average intermediate unit salary and benefits for nineteen (19) 6 classroom teachers for deaf, blind and speech/language programs 7 as required by law and regulation and average intermediate unit 8 salary and benefits for one (1) teacher assistant. 9 (2) Two thousand five hundred dollars ($2,500) per classroom 10 teacher in the unit for the 1991-1992 school year. For the 11 school year 1992-1993 and thereafter, the figure will be 12 adjusted to reflect any changes in the Consumer Price Index. 13 (3) Seven percent (7%) of the total thus arrived at in 14 recognition of the use of one-year-old cost data. 15 (c) The intermediate unit support unit excess cost shall be 16 calculated as follows: 17 (1) Average intermediate unit salaries and benefits for one 18 assistant special education director, ten and fifty one- 19 hundredths (10.50) supervisors, eight (8) psychologists, four 20 (4) social workers, two (2) physical therapists, one (1) 21 occupational therapist, one (1) nurse, one (1) physical 22 education staff person, eight (8) clerical support staff, two 23 (2) support staff and one (1) Penn Data/Child Accounting support 24 staff. 25 (2) Six percent (6%) of the total obtained in clause (1) of 26 this subsection and of school district supplemental unit excess 27 cost and intermediate unit supplemental unit excess cost for the 28 cost of core services such as reporting to the Department of 29 Education, in-service training, reader-helpers, psychiatric 30 services, Comprehensive Support Personnel Development staff and 19910H1450B1863 - 11 -
1 other indirect costs, but in no event shall this amount be less 2 than now received by an intermediate unit from the State Fund 3 for indirect costs. 4 (3) Seven percent (7%) of the total arrived at in clauses 5 (1) and (2) of this subsection in recognition of the use of one- 6 year-old cost data. 7 (d) For the school term 1991-1992 and for the school term of 8 each school year thereafter, and in place of any other payment 9 on account of special education programs to school districts and 10 intermediate units, provided for under this act, all provisions 11 for which are hereby repealed, prospectively only to the extent 12 inconsistent with this act, the following payments shall be made 13 on account of special education programs: 14 (1) (i) School districts shall be reimbursed in the 15 following school year, no later than August 1, the State share 16 of total school district supplemental unit excess cost which 17 shall be calculated as follows: The total district supplemental 18 unit excess cost less sixty-five one-hundredths (.65) equalized 19 mills, as calculated annually by the Department of Education 20 pursuant to this article, but, in any event, not less than zero 21 dollars ($0). 22 (ii) The total district supplemental unit excess cost for 23 districts with more than one thousand two hundred (1,200) 24 average daily memberships is the ratio of the school district's 25 average daily membership to one thousand two hundred (1,200) 26 times the amount calculated for the district unit excess cost. 27 For all other districts total district supplemental unit excess 28 cost equals district unit excess cost. 29 (2) (i) Intermediate units shall be paid on a current basis 30 in quarterly installments, beginning on August 1 of each school 19910H1450B1863 - 12 -
1 year, the State share of intermediate unit supplemental unit and 2 support unit excess costs which shall be the total of the 3 intermediate unit supplemental unit and support unit excess 4 costs. 5 (ii) The total intermediate unit supplemental unit and 6 support unit excess cost for intermediate units with more than 7 twenty thousand (20,000) average daily memberships intermediate 8 unit-wide is the ratio of the intermediate unit's average daily 9 membership to twenty thousand (20,000) times the amount 10 calculated for the intermediate unit supplemental unit and 11 support unit excess cost. For all other districts total 12 intermediate unit supplemental unit and support unit excess cost 13 equals intermediate unit supplemental unit and support unit 14 excess cost. In addition, all intermediate units shall be paid 15 the average intermediate unit salary and benefits for one 16 special education director and, notwithstanding anything in this 17 section to the contrary, average intermediate unit salary and 18 benefits for not less than four (4) support staff. 19 (3) School districts shall be reimbursed in the following 20 school year, no later than August 1, for their replacement 21 special education programs as follows: They shall receive the 22 amount due them in accordance with section 2509 of this act, 23 except that they shall be paid on a reimbursement basis, as 24 provided above, on actual costs reported to the Department of 25 Education as the Secretary of Education shall, by standard, 26 provide, except that all references to "instruction cost per 27 elementary pupil" or "instruction cost per high school pupil" 28 shall hereby be changed to "weighted instruction cost per 29 elementary pupil" or "weighted instruction cost per high school 30 pupil" and except that they shall receive no less than zero 19910H1450B1863 - 13 -
1 dollars ($0). 2 (4) Intermediate units shall be paid on account of 3 replacement special education programs as provided in section 4 2509.1 of this act, except that all reference to "tuition charge 5 per elementary pupil" or "tuition charge per high school pupil" 6 shall hereby be changed to "weighted tuition charge per 7 elementary pupil" or "weighted tuition charge per high school 8 pupil." 9 (e) (1) Nothing contained in this section shall be 10 construed in any way to determine or affect the determination by 11 school districts of which school entity shall provide special 12 education services or programs to their eligible pupils. 13 Therefore, all Commonwealth funds received by school entities 14 pursuant to this section shall be allocated between school 15 entities as their respective governing boards shall determine. 16 Receipt of funds by a school entity pursuant to this section 17 does not constitute lawful entitlement to the expenditure of 18 such funds unless and until the governing boards of these 19 entities provide for such expenditure in accordance with law. In 20 addition, no funds received under this section by an 21 intermediate unit may be expended until a majority of the 22 constituent school districts have approved such expenditures. 23 Should the actual provision of a special education program or 24 service not be by the school entity receiving payment or 25 reimbursement on account thereof, the governing boards of those 26 school entities shall provide for appropriate transfer or credit 27 of those funds. 28 (2) Nothing contained in this section shall be construed in 29 any way to determine or affect the determination by school 30 entities of how special education services or programs shall be 19910H1450B1863 - 14 -
1 provided. Such determination shall be made by the governing 2 board of such school entity subject to applicable law and 3 regulations. All services and programs required to be provided 4 by law and regulations shall continue to be provided. 5 (f) Nothing contained herein shall prevent any school 6 district from providing special education programs or services 7 to eligible pupils in excess of that required by law or 8 regulation. When such programs or services are provided, they 9 shall be at local option and the district shall not receive 10 additional Commonwealth special education funds. 11 (g) Whenever there is a change by law or regulation in the 12 special education programs or services required to be provided 13 to eligible pupils, based on expected Commonwealth incidence 14 rates or other factors, the provisions of this section shall be 15 modified accordingly so that adequate funding, shared between 16 State and local sources, shall continue to be provided. 17 (h) Notwithstanding anything herein to the contrary, for the 18 purpose of calculation of payments on account of the school term 19 1990-1991 only, for special education, deducted in 1991-1992 20 from school districts, the amount calculated to be the "tuition 21 charge per elementary pupil" and the "tuition charge per high 22 school pupil" shall be reduced by fifteen percent (15%). 23 (i) (1) For the 1991-1992 school year, except for an 24 intermediate unit that is coterminous with any school district, 25 no intermediate unit shall be paid less than it was paid on 26 account of special education in the school year 1990-1991. In 27 addition, the aggregate payments to each intermediate unit and 28 its component school districts for 1991-1992 under this section 29 shall be no less than the amount received by them in the 30 aggregate on account of special education in the school year 19910H1450B1863 - 15 -
1 1990-1991. 2 (2) For the 1991-1992 school year, no current basis payment 3 under this section to an intermediate unit may be more than one 4 hundred ten percent (110%) of the 1990-1991 payment on account 5 of special education. The remainder shall be paid in the school 6 year 1992-1993 on August 1. 7 (j) For the school year 1991-1992 and each school year 8 thereafter, a contingency account, consisting of two percent 9 (2%) of the total Commonwealth appropriation on account of 10 special education, shall be established. The Secretary of 11 Education shall be authorized, pursuant to rules and regulations 12 of the State Board of Education, to supplement from this account 13 any school entity's payment in a particular school year, when 14 the entity can show extraordinary circumstances involving 15 unusual or unexpected need for special education services based 16 on criteria established by the State Board of Education. 17 (k) For the purposes of this section, the following terms 18 shall have the following meanings: 19 (1) "Average School District or Intermediate Unit Salary and 20 Benefits." The average of salaries and benefits for each 21 category of employe as reported by each school entity to the 22 Department of Education in such manner as the Secretary of 23 Education shall, by standard, prescribe. 24 (2) "District Share of Unit Excess Cost." The amount 25 contributed by each school district, as provided in this act, to 26 pay the difference between the State share of school district 27 and the intermediate unit supplemental unit and support unit 28 excess cost and the total school district and intermediate unit 29 supplemental unit and support unit excess cost. 30 (3) "Intermediate Unit Supplemental Unit Excess Cost." The 19910H1450B1863 - 16 -
1 cost, calculated as provided in this act, incurred for 2 supplemental special education programs required to be provided 3 to exceptional children by law, by State Board of Education 4 regulations, and by standards of the Department of Education in 5 a total intermediate unit-wide population of 20,000 (twenty 6 thousand) average daily memberships or less for deaf, blind and 7 speech/language programs. 8 (4) "Intermediate Unit Support Unit Excess Cost." The cost, 9 calculated as provided in this act, incurred for the support of 10 supplemental and replacement special education programs required 11 to be provided to exceptional children by law and by State Board 12 of Education regulations based on a total intermediate unit-wide 13 population of twenty thousand (20,000) average daily memberships 14 of less. 15 (5) "Replacement Special Education Programs." Special 16 education services and programs provided in a placement as 17 described in 22 Pa. Code § 342.42(b)(4), (5) and (6) (relating 18 to educational placement). 19 (6) "School District Supplemental Unit Excess Cost." The 20 cost, calculated as provided in this section, incurred for 21 supplemental special education programs required to be provided 22 to exceptional children by law, State Board of Education 23 regulations and by standards of the Department of Education in a 24 total school district population of one thousand two hundred 25 (1,200) average daily memberships or less for learning, 26 emotional, life skills and gifted support programs. 27 (7) "State Share of School District Unit Excess Cost." The 28 amount contributed by the Commonwealth, as provided in this 29 section, to reimburse school districts for the school district 30 supplemental unit excess cost. 19910H1450B1863 - 17 -
1 (8) "State Share of Intermediate Unit Supplemental Unit 2 Excess and Support Unit Excess Cost." The amount contributed by 3 the Commonwealth, as provided in this section, to intermediate 4 units for the intermediate unit supplemental unit excess cost 5 and intermediate unit support unit excess cost. 6 (9) "Supplemental Special Education Programs." Special 7 education services and programs provided in a placement as 8 described in 22 Pa. Code § 342.42(b)(1), (2) and (3) (relating 9 to educational placement). 10 (10) "Weighted Instruction Cost or Tuition Charge per 11 Elementary Pupil" or "Weighted Instruction Cost or Tuition 12 Charge per High School Pupil." The charges provided for in 13 section 2561 of this act plus thirty percent (30%) of the local 14 school district share of those charges. The local school 15 district share is the tuition charge per elementary pupil or 16 tuition charge per high school pupil less the per pupil revenue 17 from State sources. 18 Section 4. This act shall take effect in 60 days. F3L24JS/19910H1450B1863 - 18 -