PRINTER'S NO. 1863

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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
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     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
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     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
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     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
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     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.
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     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.








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