PRIOR PRINTER'S NO. 1801                      PRINTER'S NO. 1922

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1611 Session of 1993


        INTRODUCED BY COWELL AND EVANS, MAY 5, 1993

        AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MAY 26, 1993

                                     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 school district
     6     reimbursement definitions, for instruction payments, for
     7     payment limitations, for the economic supplement, for
     8     assistance to small school districts, for the low-
     9     expenditure, low-wealth supplement and for the low-
    10     expenditure poverty supplement; providing for foundation
    11     subsidy payments, for education subsidy base, for an equity
    12     supplement, for a foundation guarantee, for a minimum effort
    13     base, for an extraordinary growth supplement, for a limited
    14     revenue sources supplement, for discretionary funds for
    15     distressed school districts and for resource data in the
    16     foundation based equity formula; and further providing for
    17     payments generally.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  Section 2501(9), (9.1), (9.2), (14.1), (15), (18)
    21  and (19) of the act of March 10, 1949 (P.L.30, No.14), known as
    22  the Public School Code of 1949, amended December 20, 1983
    23  (P.L.267, No.73), July 8, 1989 (P.L.253, No.43) and August 5,
    24  1991 (P.L.219, No.25), are amended and the section is amended by


     1  adding clauses to read:
     2     Section 2501.  Definitions.--For the purposes of this article
     3  the following terms shall have the following meanings:
     4     * * *
     5     (9)  "Real Property Valuation." A school district's,
     6  vocational school district's or municipality's real property
     7  valuation, to be used for purposes of computing the basic
     8  account standard reimbursement fraction, the subsidiary account
     9  reimbursement fraction, [and] the aid ratio, the market
    10  value/income aid ratio, and the equalized millage shall be the
    11  valuation placed upon its taxable real property by the State Tax
    12  Equalization Board.
    13     (9.1)  "Personal Income Valuation." A school district's
    14  personal income valuation for purposes of computing the market
    15  value/income aid ratio and for purposes of reimbursement to a
    16  school district under subsections (d), (e), and (f) of section
    17  2502, section 2502.22, and section 2592 shall be the valuation
    18  of the total taxable income for the tax year preceding the
    19  immediate prior year, determined under Article III of the act of
    20  March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of
    21  1971," for each school district each year by the Secretary of
    22  Revenue and certified to the Secretary of Education. For the
    23  1988-1989 school year and each school year thereafter, the
    24  Secretary of Revenue shall additionally certify, for those
    25  districts in which residents claim credit against the State
    26  personal income tax for income earned outside this Commonwealth
    27  under section 314 of the "Tax Reform Code of 1971," the total
    28  number of persons claiming such out-of-State tax credits and the
    29  total dollar amount of such tax credits claimed in the
    30  individual district.
    19930H1611B1922                  - 2 -

     1     (9.2)  "Equalized Millage."  (a)  For the year prior to the
     2  year for which reimbursement is being computed, a school
     3  district's tax effort to be used for reimbursement under
     4  subsections (d) and (e) of section 2502 and section 2502.11,
     5  shall be the amount of local school taxes collected divided by
     6  the real property valuation of the school district for the year
     7  prior to the year for which reimbursement is being computed.
     8     (b)  For purposes of computing the base earned for
     9  reimbursement and for purposes of reimbursement to a school
    10  district under section 2502.20, the district's equalized millage
    11  shall be computed, for the year for which reimbursement is being
    12  paid, as follows: divide the district's amount of local school
    13  taxes collected for the school year immediately preceding the
    14  school year for which reimbursement is being paid by the real
    15  property valuation of the school district for the calendar year
    16  that concluded during the school year immediately preceding the
    17  school year for which reimbursement is being paid; multiply the
    18  result by one thousand (1,000).
    19     * * *
    20     (14.1)  "Market Value/Income Aid Ratio." For purposes of
    21  reimbursement to a school district under subsections (d), (e),
    22  and (f) of section 2502, section 2502.8, section 2502.22,
    23  section 2521 and section 2592, shall be the Commonwealth's
    24  method of determining the combined market value and income
    25  wealth for each pupil, and shall be computed, for the school
    26  year for which reimbursement is being paid, as follows:
    27     (a)  (i)  Divide the market value per weighted average daily
    28  membership of the district by the market value per weighted
    29  average daily membership of the State;
    30     (ii)  Determine the product of (a)(i) multiplied by [the
    19930H1611B1922                  - 3 -

     1  district's share of total costs which is] .5;
     2     (iii)  Subtract the resultant product in (a)(ii) from 1.000
     3  to determine the market value portion of the aid ratio.
     4     (iv)  For purposes of the calculation described in (a)(i)
     5  through (a)(iii), the market value shall be the real property
     6  valuation of the district for the calendar year that concluded
     7  during the school year immediately preceding the school year for
     8  which reimbursement is being paid. The weighted average daily
     9  membership of the district shall be the weighted average daily
    10  membership for the school year immediately preceding the school
    11  year for which reimbursement is being paid.
    12     (b)  (i)  Divide the income per weighted average daily
    13  membership of the district by the average personal income per
    14  weighted average daily membership of the State;
    15     (ii)  Determine the product of (b)(i) multiplied by [the
    16  district's share of total costs which is] .5;
    17     (iii)  Subtract the resultant product in (b)(ii) from
    18  [1.0000] 1.000 to determine the income aid ratio.
    19     (iv)  For purposes of the calculation described in (b)(i)
    20  through (b)(iii), the income shall be the personal income
    21  valuation of the district. The weighted average daily membership
    22  of the district shall be the weighted average daily membership
    23  for the school year immediately preceding the school year for
    24  which reimbursement is being paid.
    25     (c)  Add sixty percent (60%) of the market value aid ratio to
    26  forty percent (40%) of the income aid ratio to determine the
    27  market value/income aid ratio.
    28     (d)  For payments beginning in the 1989-1990 school year and
    29  each school year thereafter, the Department of Education shall
    30  utilize an adjusted personal income valuation for the 1987 tax
    19930H1611B1922                  - 4 -

     1  year and each tax year thereafter respectively in computing the
     2  market value/income aid ratio for such districts. The adjusted
     3  personal income valuation shall be calculated by dividing the
     4  total out-of-State tax credits claimed by the residents of a
     5  school district by the State personal income tax rate and
     6  subtracting that amount from the total personal income valuation
     7  for the individual school district. The State total personal
     8  income valuation shall remain that as certified by the
     9  Department of Revenue and shall not be adjusted to reflect out-
    10  of-State tax credits.
    11     (15)  "Minimum Subsidy." For the school years 1976-1977 and
    12  1977-1978, in no case shall a district receive for each pupil in
    13  weighted average daily membership, an amount less than ten
    14  percent (10%) of the actual cost of instruction or ten percent
    15  (10%) of the base earned for reimbursement whichever is the
    16  lesser amount. For the 1978-1979 school year through the 1980-
    17  1981 school year, no school district shall receive for each
    18  pupil in weighted average daily membership an amount less than
    19  fifteen percent (15%) of the base earned for reimbursement or
    20  actual instructional expense per WADM, whichever is the lesser
    21  amount. For the 1976-1977 school year through the 1980-1981
    22  school year, a district whose actual instruction expense per
    23  weighted average daily membership is more than two hundred
    24  dollars ($200) less than the median actual instruction expense
    25  per weighted average daily membership, and whose equalized
    26  millage is within fifteen percent (15%) of the median equalized
    27  millage, the reimbursement shall be two hundred dollars ($200)
    28  below the median actual instruction expense per weighted average
    29  daily membership times the district's aid ratio for each
    30  weighted average daily membership. For the 1982-1983 school year
    19930H1611B1922                  - 5 -

     1  [and each school year thereafter] through the 1990-1991 school
     2  year, no school district shall receive for each pupil in
     3  weighted average daily membership an amount less than fifteen
     4  percent (15%) of the factor for educational expense.
     5     * * *
     6     (18)  "Equalized Subsidy for Basic Education." For the school
     7  year 1982-1983 and each school year thereafter, each school
     8  district shall be paid by the Commonwealth an equalized subsidy
     9  for basic education, which shall consist of any or all of the
    10  following, as applicable:
    11     (i)  Payments on account of instruction, as provided for in
    12  subsections (d) and (e) of section 2502.
    13     (ii)  An economic supplement, as provided for in section
    14  2502.11.
    15     (iii)  Assistance to small districts as provided for in
    16  section 2502.13.
    17     (iv)  A low-expenditure, low-wealth supplement as provided
    18  for in section 2502.17.
    19     (v)  A low-expenditure poverty supplement as provided for in
    20  section 2502.18.
    21     (vi)  A payment as provided for in section 2502.21.
    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
    19930H1611B1922                  - 6 -

     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  the Factor for Educational Expense used to compute all school
    25  districts' entitlements to payments on account of instruction,
    26  as provided for in subsection (d) of section 2502, shall be two
    27  thousand three hundred thirty dollars ($2,330). For the school
    28  year 1989-1990, the Factor for Educational Expense used to
    29  compute all school districts' entitlements to payments on
    30  account of instruction, as provided for in subsection (d) of
    19930H1611B1922                  - 7 -

     1  section 2502, shall be two thousand three hundred eighty dollars
     2  ($2,380), as provided for in section 212 of the act of July 1,
     3  1990 (P.L.1591, No.7A), known as the "General Appropriation Act
     4  of 1990." For the school year 1990-1991, the Factor for
     5  Educational Expense used to compute all school districts'
     6  entitlements to payments on account of instruction, as provided
     7  for in subsection (d) of section 2502, shall be two thousand
     8  five hundred fifty dollars ($2,550). [For the school year 1991-
     9  1992 and each school year thereafter, the Factor for Educational
    10  Expense used to compute all school districts' entitlements to
    11  payments on account of instruction, as provided for in
    12  subsection (d) of section 2502, shall be two thousand six
    13  hundred fifty-five dollars ($2,655).]
    14     (20)  "Total Expenditure per Average Daily Membership."  A
    15  school district's total expenditures shall include all General
    16  Fund expenditures and other financing uses for a school year, as
    17  designated in the Manual of Accounting and Related Financial
    18  Procedures for Pennsylvania School Systems. The total
    19  expenditures so determined, when divided by the average daily
    20  membership for the same school year for the district, shall be
    21  the total expenditure per average daily membership.
    22     (21)  "Children in Low-Income Families."  Children aged five
    23  (5) to seventeen (17) years, inclusive, in families receiving a
    24  grant in excess of two thousand dollars ($2,000) per year from
    25  the Commonwealth on account of dependent children under the
    26  Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.).
    27     Section 2.  Section 2502(d) and (e) of the act, amended or
    28  added February 1, 1966 (1965 P.L.1642, No.580) and July 1, 1985
    29  (P.L.103, No.31), are amended to read:
    30     Section 2502.  Payments on Account of Instruction.--* * *
    19930H1611B1922                  - 8 -

     1     (d)  For the school year 1976 and 1977 through the 1980-1981
     2  school year, each school district shall be paid by the
     3  Commonwealth on account of instruction of the district's pupils
     4  an amount to be determined by multiplying the market
     5  value/income aid ratio times the actual instruction expense per
     6  weighted average daily membership or by the base earned for
     7  reimbursement, whichever is less, and by the weighted average
     8  daily membership for the district. For the school year 1976-1977
     9  any school district which, as a result of the impact on payments
    10  under subsections (d), (e) and (f) and under section 2592 by
    11  reason of the market value/income aid ratio or the application
    12  of equalized millage to the base earned for reimbursement, shall
    13  suffer a reduction in subsidy entitlement, shall be held
    14  harmless from this impact and shall receive an amount which is
    15  no less than that received for 1976-1977 under such subsections
    16  and under section 2592. For the 1982-1983 school year [and each
    17  school year thereafter] through the 1990-1991 school year, each
    18  school district shall be paid by the Commonwealth on account of
    19  instruction of the district's pupils an amount to be determined
    20  by multiplying the district's market value/income aid ratio by
    21  the factor for educational expense and by the weighted average
    22  daily membership of the district. For the 1983-1984 school year,
    23  each school district participating, during the 1984-1985 school
    24  year, in a Statewide program for testing and remediation which
    25  is designed to identify and provide remediation services to
    26  individual students pursuant to section 1511.1, shall be paid by
    27  the Commonwealth on account of instruction of the district's
    28  pupils an amount to be determined by multiplying the district's
    29  market value/income aid ratio by the factor for educational
    30  expense, one thousand seven hundred twenty-five dollars
    19930H1611B1922                  - 9 -

     1  ($1,725), and by the weighted average daily membership of the
     2  district. This subsidy may be used for strengthening curriculum,
     3  increasing standards, improving student achievement and
     4  providing remedial programs during the 1984-1985 school year.
     5     (e)  For no school year from 1966-1967 through 1990-1991
     6  shall any district receive less than an amount obtained by
     7  multiplying the minimum subsidy by the weighted average daily
     8  membership for the district.
     9     * * *
    10     Section 3.  Section 2502.5(b) of the act, amended July 8,
    11  1989 (P.L.253, No.43), is amended to read:
    12     Section 2502.5.  Limitation of Certain Payments.--* * *
    13     (b)  Notwithstanding any other provisions of law, for the
    14  school year 1982-1983 and 1983-1984, no school district shall be
    15  paid under subsections (d) and (e) of section 2502 and section
    16  2502.11 or, for the school year 1984-1985, no school district
    17  shall be paid under subsections (d) and (e) of section 2502,
    18  subsection (e) of this section, section 2502.11 and section
    19  2502.13 or, for the school year 1985-1986, no school district
    20  shall be paid under subsections (d) and (e) of section 2502,
    21  subsection (e) of this section, section 2502.11, section
    22  2502.13, section 2502.14 and section 2502.15 or, for the school
    23  year 1986-1987, no school district shall be paid under
    24  subsections (d) and (e) of section 2502, subsection (e) of this
    25  section, section 2502.11, section 2502.13 and section 2502.15
    26  or, for the school year 1987-1988, no school district shall be
    27  paid under subsections (d) and (e) of section 2502, subsection
    28  (e) of this section, sections 2502.11 and 2502.13 or, for the
    29  school [year] years 1988-1989 [and each school year thereafter]
    30  through 1990-1991, no school district shall be paid under
    19930H1611B1922                 - 10 -

     1  subsections (d) and (e) of section 2502, sections 2502.11 and
     2  2502.13 an amount in excess of one hundred percent (100%) of the
     3  total reimbursable instructional expenditures of the school
     4  district. For the 1982-1983 school year, all school districts
     5  qualifying for payments under subsections (d) and (e) of section
     6  2502 and section 2502.11 shall be limited to an increase payment
     7  on account of those sections which shall not exceed nine percent
     8  (9%) over the sums received on account of section 2502.9 for the
     9  1981-1982 school year, nor shall any school district receive an
    10  increase of less than two percent (2%) of the 1982-1983 school
    11  year payments on account of the 1981-1982 school year. For the
    12  1984-1985 school year, each school district qualifying for
    13  payments under subsections (d) and (e) of section 2502 and
    14  section 2502.11 shall be limited to an increase payment on
    15  account of those sections which shall not exceed eight and
    16  forty-five one hundredths percent (8.45%) over the sums received
    17  on account of such sections for the school year 1983-1984, nor
    18  shall any school district receive an increase of less than two
    19  percent (2%) of such payments for the school year 1983-1984:
    20  Provided, however, That such payments for the school year 1983-
    21  1984 shall be computed using a Factor for Educational Expense of
    22  one thousand six hundred fifty-six dollars ($1,656) and a
    23  maximum payment increase of seven and forty-five one hundredths
    24  percent (7.45%) and a minimum payment increase of two percent
    25  (2%) and the eighty percent (80%) guarantee provided for in
    26  section 2502.5(e). For the 1985-1986 school year, each school
    27  district qualifying for payments under subsections (d) and (e)
    28  of section 2502, subsection (e) of this section and section
    29  2502.11 shall be limited to an increase payment on account of
    30  those sections which shall not exceed seven percent (7%) over
    19930H1611B1922                 - 11 -

     1  the sums received on account of such sections for the school
     2  year 1984-1985, nor shall any school district receive an
     3  increase less than two percent (2%) of such payments for the
     4  school year 1984-1985. For the 1986-1987 school year, each
     5  school district qualifying for payments under subsections (d)
     6  and (e) of section 2502, subsection (e) of this section and
     7  section 2502.11 shall be limited to an increase payment on
     8  account of those sections which shall not exceed eight percent
     9  (8%) over the sums received on account of such sections and
    10  section 2502.14 for the school year 1985-1986, nor shall any
    11  school district receive an increase less than two percent (2%)
    12  of such payment for the school year 1985-1986. For the 1987-1988
    13  school year, each school district qualifying for payments under
    14  subsections (d) and (e) of section 2502, subsection (e) of this
    15  section and section 2502.11 shall be limited to an increase
    16  payment on account of those sections which shall not exceed
    17  eight percent (8%) over the sums received on account of such
    18  sections and section 2502.15 for the school year 1986-1987, nor
    19  shall any school district receive an increase less than two
    20  percent (2%) of such payments for the school year 1986-1987. For
    21  the 1988-1989 school year [and each school year thereafter]
    22  through the 1990-1991 school year, no school district qualifying
    23  for payments under subsections (d) and (e) of section 2502,
    24  subsection (e) of this section and section 2502.11 shall receive
    25  an increase less than two percent (2%) of such payments for the
    26  prior school year.
    27     * * *
    28     Section 4.  Section 2502.11 of the act, amended July 8, 1989
    29  (P.L.253, No.43) and August 5, 1991 (P.L.219, No.25), is amended
    30  to read:
    19930H1611B1922                 - 12 -

     1     Section 2502.11.  Economic Supplement.--(a)  For the school
     2  year 1982-1983 [and each school year thereafter] through the
     3  school year 1990-1991, each qualifying school district shall be
     4  paid, in addition to any other payments to which it is entitled,
     5  an economic supplement, based upon children in low-income
     6  families, local tax effort and population per square mile.
     7     (b)  For the school years 1982-1983 through 1986-1987, each
     8  qualifying school district shall be paid on account of children
     9  in low-income families an amount in accordance with the
    10  following table:
    11         Percentage of Low-Income Pupils            Grant Per
    12           In Average Daily Membership           Low-Income Pupil
    13                     10 - 19.9                       $100
    14                     20 - 39.9                       $300
    15                     40 or over                      $500
    16     For the school year 1987-1988, each qualifying school
    17  district shall be paid on account of children in low-income
    18  families an amount in accordance with the following table:
    19         Percentage of Low-Income Pupils            Grant Per
    20           In Average Daily Membership           Low-Income Pupil
    21                      8 - 14.9                       $128
    22                     15 - 29.9                       $357
    23                     30 or over                      $587
    24     For the school years 1988-1989 and 1989-1990, each qualifying
    25  school district shall be paid on account of children in low-
    26  income families an amount in accordance with the following
    27  table:
    28     Percentage of Low-Income Pupils        Grant Per
    29       In Average Daily Membership       Low-Income Pupil
    30             8 - 14.9            6% of the factor for educational
    19930H1611B1922                 - 13 -

     1                                 expense used to make payments on
     2                                 account of instruction, as
     3                                 provided for in section 2501(19).
     4             15 - 29.9           16% of the factor for educational
     5                                 expense used to make payments on
     6                                 account of instruction, as
     7                                 provided for in section 2501(19).
     8             30 or over          27% of the factor for educational
     9                                 expense used to make payments on
    10                                 account of instruction, as
    11                                 provided for in section 2501(19).
    12     For the school year 1990-1991 [and each school year
    13  thereafter], each qualifying school district shall be paid on
    14  account of children in low-income families an amount in
    15  accordance with the following table:
    16     Percentage of Low-Income Pupils        Grant Per
    17       In Average Daily Membership       Low-Income Pupil
    18             8 - 14.9            6% of the factor for educational
    19                                 expense used to make payments on
    20                                 account of instruction, as
    21                                 provided for in section 2501(19).
    22             15 - 19.9           16% of the factor for educational
    23                                 expense used to make payments on
    24                                 account of instruction, as
    25                                 provided for in section 2501(19).
    26             20 - 29.9           23% of the factor for educational
    27                                 expense used to make payments on
    28                                 account of instruction, as
    29                                 provided for in section 2501(19).
    30             30 or over          27% of the factor for educational
    19930H1611B1922                 - 14 -

     1                                 expense used to make payments on
     2                                 account of instruction, as
     3                                 provided for in section 2501(19).
     4  For the 1982-1983 school year [and each school year thereafter]
     5  through the 1990-1991 school year, low-income pupils are defined
     6  for purposes of this section as children aged five (5) to
     7  seventeen (17) years, inclusive, in families receiving a grant
     8  in excess of two thousand dollars ($2,000) from the Commonwealth
     9  on account of dependent children under Title IV of the Federal
    10  Social Security Act.
    11     (c)  For the school year 1982-1983 through the school year
    12  1987-1988, any district which levies and collects local taxes
    13  for school purposes equal to or above the median equalized
    14  millage, as defined in section 2501(9.3), in the year for which
    15  reimbursement is determined shall qualify for and receive a
    16  payment based upon local tax effort and population per square
    17  mile in accordance with the following table, except for
    18  qualifying districts which include a central city of a Standard
    19  Metropolitan Statistical Area and have a district population of
    20  less than four thousand (4,000) persons per square mile, which
    21  districts shall receive three percent (3%) of their
    22  instructional expenditures:
    23         Population Per Square Mile       Payment as Percent of
    24         of the Qualifying District      Instructional Expenditure
    25             5,950 and over                          5
    26             4,000 - 5,949                           3
    27             less than 4,000                         1
    28  Notwithstanding the provisions of this subsection, districts
    29  having a general population of five thousand nine hundred fifty
    30  (5,950) or more persons per square mile and at least thirty-five
    19930H1611B1922                 - 15 -

     1  thousand (35,000) WADMs shall be paid nineteen percent (19%) of
     2  their instructional expenditures.
     3     (d)  For the school year 1988-1989 [and each school year
     4  thereafter] through the school year 1990-1991, any district
     5  which levies and collects local taxes for school purposes equal
     6  to or above the median equalized millage, as defined in section
     7  2501(9.3), in the year for which reimbursement is determined or
     8  any school district the majority of whose population is drawn
     9  from a city of the first through third class which levies and
    10  collects local taxes for municipal purposes equal to or above
    11  the municipal median equalized millage, as defined in section
    12  2501(9.5), for the most recent municipal fiscal year for which
    13  data is available shall qualify for and receive a payment based
    14  upon local tax effort and population per square mile in
    15  accordance with the following table, except for qualifying
    16  districts which include a central city of a Standard
    17  Metropolitan Statistical Area and have a district population of
    18  less than four thousand (4,000) persons per square mile, which
    19  districts shall receive three percent (3%) of their
    20  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] For the 1990-1991 school year, a central city of a Standard
    19930H1611B1922                 - 16 -

     1  Metropolitan Statistical Area which has an equalized millage as
     2  defined in clause (9.2) of section 2501 to be greater than the
     3  median equalized millage by ten and twenty-nine hundredths
     4  (10.29) and has an estimated 1990-1991 Weighted Average Daily
     5  Membership (WADM) provided by the Department of Education in
     6  June 1991 that is less than the actual 1989-1990 Weighted
     7  Average Daily Membership by two hundred (200) shall receive an
     8  additional two percent (2%) of their 1990-1991 actual
     9  instructional expenditure.
    10     Section 5.  Sections 2502.13, 2502.17 and 2502.18 of the act,
    11  amended or added August 5, 1991 (P.L.219, No.25), are amended to
    12  read:
    13     Section 2502.13.  Small District Assistance.--For the 1984-
    14  1985 and 1985-1986 school years, the Commonwealth shall pay to
    15  each school district which has an average daily membership of
    16  one thousand five hundred (1,500) or less and has a market
    17  value/income aid ratio of five thousand ten-thousandths (0.5000)
    18  or greater, an amount equal to fifty dollars ($50) multiplied by
    19  that district's average daily membership. For the 1985-1986
    20  school year, no school district shall receive less on account of
    21  this section than it did for the 1984-1985 school year. For the
    22  school year 1986-1987, the Commonwealth shall pay to each school
    23  district which has an average daily membership of one thousand
    24  five hundred (1,500) or less and has a market value/income aid
    25  ratio of five thousand ten-thousandths (0.5000) or greater, or
    26  received payments under this section for the 1985-1986 school
    27  year, an amount equal to seventy-five dollars ($75) multiplied
    28  by that district's average daily membership. For the school year
    29  1987-1988, the Commonwealth shall pay to each school district
    30  which has an average daily membership of one thousand five
    19930H1611B1922                 - 17 -

     1  hundred (1,500) or less and a market value/income aid ratio of
     2  five thousand ten-thousandths (0.5000) or greater, or received
     3  payments under this section for the 1986-1987 school year, an
     4  amount equal to eighty-five dollars ($85) multiplied by that
     5  district's average daily membership. For the school year 1988-
     6  1989 [and each school year thereafter], the Commonwealth shall
     7  pay to each school district which has an average daily
     8  membership of one thousand five hundred (1,500) or less and a
     9  market value/income aid ratio of five thousand ten thousandths
    10  (0.5000) or greater, or received payments under this section for
    11  the 1987-1988 or 1988-1989 school year, an amount equal to one
    12  hundred five dollars ($105). For the school year 1989-1990, the
    13  Commonwealth shall pay to each school district which has an
    14  average daily membership of one thousand five hundred (1,500) or
    15  less and a market value/income aid ratio of five thousand ten-
    16  thousandths (0.5000) or greater, or received payments under this
    17  section for the 1987-1988 school year, an amount equal to one
    18  hundred fifteen dollars ($115) multiplied by the district's
    19  average daily membership as provided for in section 212 of the
    20  act of July 1, 1990 (P.L.1591, No.7A), known as the "General
    21  Appropriation Act of 1990." For the school year 1990-1991 [and
    22  each school year thereafter], the Commonwealth shall pay to each
    23  school district which has an average daily membership of one
    24  thousand five hundred (1,500) or less and a market value/income
    25  aid ratio of five thousand ten-thousandths (0.5000) or greater,
    26  or received payments under this section for the prior school
    27  year, an amount equal to one hundred seventy dollars ($170)
    28  multiplied by that district's average daily membership. [Each]
    29  For the school year 1990-1991, each school district with a
    30  population per square mile of less than ninety (90), which
    19930H1611B1922                 - 18 -

     1  otherwise meets the average daily membership and market
     2  value/income aid ratio requirements of this section, or received
     3  payments under this section for the prior school year, shall
     4  instead receive an amount equal to one hundred ninety dollars
     5  ($190) multiplied by that district's average daily membership.
     6  For the 1987-1988 school year [and each school year thereafter]
     7  through the 1990-1991 school year, no school district shall
     8  receive less on account of this section than it did for the
     9  prior school year.
    10     Section 2502.17.  Low-Expenditure, Low-Wealth Supplement.--
    11  For the 1990-1991 school year [and each school year thereafter],
    12  the Commonwealth shall pay to each school district which has a
    13  market value/income aid ratio of six thousand ten-thousandths
    14  (0.6000) or greater and has an actual instruction expenditure
    15  per weighted average daily membership for the school year prior
    16  to the reimbursable year, which is less than the Statewide
    17  median actual instruction expenditure per weighted average daily
    18  membership for that year, an amount equal to one and three-
    19  tenths percent (1.3%) of the school district's actual
    20  instruction expenditure for the reimbursable year: Provided,
    21  That no school district shall receive a dollar amount, which,
    22  when combined with its actual instruction expenditure for the
    23  year prior to the reimbursable year, would result in the
    24  district's actual instruction expenditure per weighted average
    25  daily membership exceeding the Statewide median actual
    26  instruction expenditure per weighted average daily membership
    27  for the year prior to reimbursement.
    28     Section 2502.18.  Low-Expenditure Poverty Supplement.--For
    29  the 1990-1991 school year [and each school year thereafter], the
    30  Commonwealth shall pay to each school district, which has an
    19930H1611B1922                 - 19 -

     1  actual instruction expenditure per weighted average daily
     2  membership for the school year prior to the reimbursable year,
     3  which is less than three thousand four hundred forty-five
     4  dollars ($3,445), and has ten percent (10%) or more of its
     5  pupils in average daily membership as children in low-income
     6  families, an amount equal to one-half percent (.5%) of their
     7  actual instruction expenditure.
     8     Section 6.  The act is amended by adding sections to read:
     9     Section 2502.20.  Foundation Subsidy Payments.--For payments
    10  on account of instruction in school years 1992-1993 and 1993-
    11  1994, each school district shall be paid a subsidy amount based
    12  upon the provisions of sections 2502.21, 2502.22, 2502.23,
    13  2502.24, 2502.25, 2502.26 and 2502.27.
    14     Section 2502.21.  Education Subsidy Base.--For payments on
    15  account of instruction in the 1992-1993 and 1993-1994 school      <--
    16  years SCHOOL YEAR, the Commonwealth shall pay to each school      <--
    17  district an education subsidy base which shall consist of the
    18  same amount that the district was entitled to receive for the
    19  1990-1991 school year pursuant to sections 2502(d) and (e) and
    20  2502.11, both as adjusted pursuant to section 2502.5(b), if
    21  applicable, and sections 2502.13, 2502.17 and 2502.18. FOR        <--
    22  PAYMENTS ON ACCOUNT OF INSTRUCTION IN THE 1993-1994 SCHOOL YEAR,
    23  THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT AN EDUCATION
    24  SUBSIDY BASE WHICH SHALL CONSIST OF THE SAME AMOUNT THAT THE
    25  DISTRICT WAS ENTITLED TO RECEIVE FOR THE PRIOR SCHOOL YEAR
    26  PURSUANT TO SECTION 2502.20.
    27     Section 2502.22.  Equity Supplement.--(a)  For payments on
    28  account of instruction in the 1992-1993 and 1993-1994 school
    29  years, each school district may qualify for payment of the
    30  supplement based upon market value/income aid ratio, local tax
    19930H1611B1922                 - 20 -

     1  effort and total expenditure per average daily membership.
     2     (b)  To qualify for such supplement, districts shall meet all
     3  of the following criteria:
     4     (1)  The district's market value/income aid ratio for the
     5  school year immediately preceding the school year for which
     6  reimbursement is being paid is greater than or equal to five
     7  thousand ten-thousandths (0.5000).
     8     (2)  The district's equalized millage for the school year
     9  immediately preceding the school year for which reimbursement is
    10  being paid is greater than or equal to nineteen and five tenths
    11  (19.5).
    12     (3)  The district's total expenditure per average daily
    13  membership for the school year two (2) years prior to the school
    14  year for which reimbursement is being paid is less than or equal
    15  to six thousand one hundred ninety-three dollars ($6,193).
    16     (c)  The Commonwealth shall pay to each qualifying school
    17  district, as determined pursuant to subsection (b), a supplement
    18  in an amount calculated as follows:
    19     (1)  Determine the product of the district's average daily
    20  membership for the school year for which reimbursement is being
    21  paid and the district's market value/income aid ratio for the
    22  school year for which reimbursement is being paid.
    23     (2)  Multiply the result of the calculation pursuant to
    24  clause (1) by ninety-three million dollars ($93,000,000).
    25     (3)  Divide the result of the calculation pursuant to clause
    26  (2) by the sum of the products obtained for all qualifying
    27  school districts pursuant to clause (1).
    28     (d)  On account of instruction in the school years 1992-1993
    29  and 1993-1994, each school district that does not qualify for
    30  the supplement described in subsections (a) through (c) may
    19930H1611B1922                 - 21 -

     1  qualify for payment of a supplement based upon resident children
     2  in low-income families.
     3     (e)  To qualify for the supplement described in subsection
     4  (d), the number of children in low-income families residing in
     5  the district for the calendar year that concluded during the
     6  school year immediately preceding the year for which
     7  reimbursement is being paid divided by the district's average
     8  daily membership for the school year two (2) years prior to the
     9  school year for which reimbursement is being paid must be
    10  greater than or equal to thirty-five percent (35%).
    11     (f)  The Commonwealth shall pay to each qualifying school
    12  district, as determined pursuant to subsections (d) and (e), a
    13  supplement in the amount of eighty dollars ($80) multiplied by
    14  the number of children in low-income families residing in the
    15  district for the calendar year that concluded during the school
    16  year for which reimbursement is being paid.
    17     Section 2502.23.  Foundation Guarantee.--The foundation
    18  guarantee shall be the minimum level of revenue resources that
    19  shall be available to support each of the district pupils in
    20  this Commonwealth. For payments during fiscal years 1993-1994
    21  and 1994-1995, the foundation guarantee shall be four thousand
    22  dollars ($4,000). The resources available for payments during
    23  fiscal year 1993-1994 shall be determined by adding the
    24  education subsidy base, the equity supplement and the minimum
    25  effort base and dividing the total by the 1990-1991 average
    26  daily membership. If the revenue resources available for
    27  district pupils are less than the foundation guarantee, the
    28  foundation guarantee payment to that district during fiscal year
    29  1993-1994 shall be determined by multiplying the difference
    30  between the revenue resources available by the 1990-1991 average
    19930H1611B1922                 - 22 -

     1  daily membership of the district. The revenue resources
     2  available for payments during fiscal year 1994-1995 shall be
     3  determined by adding the education subsidy base, the equity
     4  supplement, and the minimum effort base and dividing the total
     5  by the 1991-1992 average daily membership. If the revenue
     6  resources available for district pupils are less than the
     7  foundation guarantee, the foundation guarantee payment to that
     8  district during fiscal year 1994-1995 shall be determined by
     9  multiplying the difference between the revenue resources
    10  available by the 1991-1992 average daily membership of the
    11  district.
    12     Section 2502.24.  Minimum Effort Base.--The minimum effort
    13  base shall be, for the purposes of qualifying for foundation
    14  guarantee payments, the level of local educational revenue
    15  available per student in average daily membership. For payments
    16  during fiscal year 1993-1994, the level of local revenue
    17  available per student shall be computed by multiplying the 1990
    18  Real Property Valuation of the district by nineteen and five
    19  tenths (19.5) mills. For payments during fiscal year 1994-1995,
    20  the level of local revenue available per student shall be
    21  computed by multiplying the 1991 Real Property Valuation of the
    22  district by twenty and five tenths (20.5) mills.
    23     Section 2502.25.  Extraordinary Growth Supplement.--During
    24  fiscal year 1993-1994, the extraordinary growth supplement shall
    25  be those payments to school districts that have had a student
    26  population increase of ten percent (10%) of their average daily
    27  membership or greater between school years 1990-1991 and 1992-
    28  1993 as estimated by the Department of Education in February
    29  1993. Payments to qualifying school districts shall be
    30  determined by multiplying the actual number of additional
    19930H1611B1922                 - 23 -

     1  students in average daily membership by six and five tenths
     2  percent (6.5%) of the foundation guarantee.
     3     Section 2502.26.  Limited Revenue Sources Supplement.--During
     4  fiscal year 1993-1994, the limited revenue sources supplement
     5  shall be those payments to school districts which have: a 1992-
     6  1993 payable year aid ratio estimated by the Department of
     7  Education in February 1993 that is equal to or greater than
     8  seventy-five one hundredths (.75); a 1991 market value per WADM   <--
     9  which is less than or equal to sixty percent (60%) of the
    10  Statewide average market value per WADM as estimated by the
    11  Department of Education in February 1993; and a 1991 personal
    12  income per WADM which is less than or equal to sixty percent
    13  (60%) of the Statewide average personal income per WADM as
    14  estimated by the Department of Education in February 1993. AND    <--
    15  WHICH DOES NOT QUALIFY FOR ANY SUPPLEMENT CONTAINED IN SECTIONS
    16  2502.22, 2502.23 AND 2502.25. Payments to qualifying districts
    17  shall be determined by multiplying the 1992-1993 average daily
    18  membership of the district, as estimated by the department in
    19  February 1993, by two percent (2%) of the foundation guarantee.
    20     Section 2502.27.  Discretionary Funds for Distressed
    21  Districts.--If the sum appropriated for the 1993-1994 fiscal
    22  year for payments in section 2502.20 exceeds the amounts to
    23  which all qualifying school districts are entitled, then the
    24  Department of Education shall set aside the remainder of the
    25  appropriation. The Secretary of Education may, at his
    26  discretion, make payments from the funds that have been set
    27  aside to school districts that have been declared distressed
    28  pursuant to section 691. The secretary shall establish
    29  guidelines for school districts' applications for these funds,
    30  department approval of applications for funds, department
    19930H1611B1922                 - 24 -

     1  distribution of funds and school districts' expenditure of these
     2  funds. The secretary shall report to the General Assembly on
     3  such expenditures.
     4     Section 2502.28.  Resource Data for Foundation Based Equity
     5  Formula Development.--(a)  The Secretary of Education shall
     6  develop and collect data necessary to assist in policy
     7  development for the transition to a foundation based equity
     8  formula. Data shall be collected which will assist in the
     9  development of definitions of factors, and in determining the
    10  relative importance of various factors for the purpose of
    11  assigning weights, which (factors) impact on a school district's
    12  ability to provide educational opportunities for its students.
    13  Such factors shall include, but not be limited to:
    14     (1)  Regional costs.
    15     (2)  Students in poverty.
    16     (3)  Students in special education programs. Data under this
    17  clause shall be based on, but not limited to, level of
    18  intervention, percent of time in program, multiple assignments,
    19  related services and other appropriate factors.
    20     (4)  Small school districts. These are districts which are
    21  unable to provide comprehensive education programming and unable
    22  to cost effectively merge with or collaboratively provide
    23  services with other districts.
    24     (5)  Local revenue sources.
    25     (6)  State revenue sources.
    26     (7)  Other potential State and local revenue sources.
    27     (b)  The initial report on the data system and data collected
    28  shall be submitted to the majority chairman and the minority
    29  chairman of the Education Committee of the Senate and the
    30  majority chairman and the minority chairman of the Education
    19930H1611B1922                 - 25 -

     1  Committee of the House of Representatives by September 30, 1994   <--
     2  JANUARY 1, 1994.                                                  <--
     3     SECTION 2502.29.  SUBSIDY INCREASES.--(A)  FOR THE 1993-1994   <--
     4  SCHOOL YEAR, THE GENERAL ASSEMBLY IS PROVIDING ADDITIONAL
     5  FUNDING FOR POOR SCHOOL DISTRICTS THROUGH SECTIONS 2502.22,
     6  2502.23, 2502.25 AND 2502.26. THESE ADDITIONAL FUNDS ARE
     7  INTENDED TO HELP ADDRESS THE PROBLEM OF INADEQUATE RESOURCES
     8  AVAILABLE TO POOR SCHOOL DISTRICTS IN THIS COMMONWEALTH FOR THE
     9  PURPOSE OF EXPANDING EDUCATIONAL OPPORTUNITIES FOR STUDENTS IN
    10  SUCH DISTRICTS. THESE ADDITIONAL FUNDS ARE INTENDED BY THE
    11  GENERAL ASSEMBLY TO BE UTILIZED BY EACH RECIPIENT SCHOOL
    12  DISTRICT PRIMARILY TO IMPROVE EDUCATIONAL OPPORTUNITIES FOR ITS
    13  STUDENTS. THEREFORE, IT IS THE INTENTION OF THE GENERAL ASSEMBLY
    14  THAT THESE ADDITIONAL FUNDS BE USED PRIMARILY FOR, BUT NOT
    15  LIMITED TO, THE FOLLOWING PURPOSES: INSTRUCTIONAL EQUIPMENT AND
    16  MATERIALS, SUCH AS TEXTBOOKS, LIBRARY HOLDINGS, COMPUTERS,
    17  LABORATORY EQUIPMENT, SUPPLIES, WORKBOOKS AND INSTRUCTIONAL
    18  TECHNOLOGY MATERIALS; STAFF DEVELOPMENT AND IN-SERVICE TRAINING;
    19  ADDITIONAL TEACHING STAFF FOR NEW CLASSES AND PROGRAM OFFERINGS;
    20  STAFFING OF EACH BUILDING WITH A PRINCIPAL, COUNSELORS, HOME AND
    21  SCHOOL VISITORS, LIBRARY STAFF; FIELD TRIPS AND EXTRACURRICULAR
    22  ACTIVITIES. THESE FUNDS MAY NOT BE USED TO CONSTRUCT ATHLETIC
    23  FACILITIES.
    24     (B)  ALL SCHOOL DISTRICTS RECEIVING PAYMENTS FOR THE 1993-
    25  1994 SCHOOL YEAR UNDER SECTIONS 2502.22, 2502.23, 2502.25 AND
    26  2502.26 SHALL REPORT TO THE DEPARTMENT OF EDUCATION BY NOVEMBER
    27  1, 1993, THE PURPOSES FOR WHICH THE ADDITIONAL FUNDS ARE TO BE
    28  EXPENDED.
    29     Section 7.  Section 2517(d) of the act, amended July 1, 1985
    30  (P.L.103, No.31), is amended to read:
    19930H1611B1922                 - 26 -

     1     Section 2517.  Payments.--* * *
     2     (d)  Subsection (c) of this section shall apply to:
     3     (1)  All payments to which a school district is entitled
     4  under any provision of sections 2502, 2502.3, 2502.4, 2502.8,
     5  2502.9 and 2592 for the school year 1981-1982.
     6     (2)  Payments to which a school district is entitled under
     7  any provision of sections 2502, 2502.8 and 2502.11 for the
     8  school year 1982-1983 and the school year 1983-1984.
     9     (3)  Payments to which a school district is entitled under
    10  any provision of sections 2502, 2502.8, 2502.11 [and 2502.13],
    11  2502.13 and 2502.20 for the school year 1984-1985 and each
    12  school year thereafter.
    13     Section 8.  This act shall take effect immediately.












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