PRINTER'S NO. 3694
No. 2785 Session of 1994
INTRODUCED BY COWELL, COLAFELLA, STAIRS, BATTISTO, CURRY,
STURLA, DALEY, HERMAN, TULLI, RAYMOND, CARONE, VEON,
YANDRISEVITS, PISTELLA, SERAFINI, GIGLIOTTI, GODSHALL,
GRUPPO, E. Z. TAYLOR, PESCI, TANGRETTI, McCALL, NAILOR,
D. W. SNYDER, B. SMITH, ARGALL, KUKOVICH, WOZNIAK, CLYMER,
MANDERINO, MELIO, TIGUE, TRELLO, MICOZZIE, BAKER, ROONEY,
FEE, BOYES, MARKOSEK, VAN HORNE, CORRIGAN, PETRONE, MIHALICH,
BELFANTI, MICHLOVIC, RICHARDSON, LEVDANSKY, JOSEPHS, DERMODY,
DeLUCA, FLICK AND CESSAR, MAY 18, 1994
REFERRED TO COMMITTEE ON EDUCATION, MAY 18, 1994
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 reimbursements
6 for community colleges.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 1913-A(b) of the act of March 10, 1949
10 (P.L.30, No.14), known as the Public School Code of 1949,
11 amended June 7, 1993 (P.L.49, No.16), is amended to read:
12 Section 1913-A. Financial Program; Reimbursement or
13 Payments.--* * *
14 (b) (1) For the 1993-1994 fiscal year and for each fiscal
15 year thereafter, the Commonwealth shall pay to a community
16 college on behalf of the sponsor on account of its operating
1 costs during the fiscal year from funds appropriated for that
2 purpose an amount equal to the lesser of such college's variable
3 State share ceiling as determined in clause (1.3) or such
4 college's equivalent full-time student reimbursement as
5 determined in clause (1.4).
6 (1.2) The Secretary of Education, in consultation with the
7 community colleges, shall promulgate standards for credit
8 courses and for noncredit courses that will be eligible for
9 Commonwealth reimbursement. The standards shall specifically
10 exclude from eligibility for reimbursement any course or program
11 in avocational or recreational pursuits. The standards shall be
12 promulgated by the beginning of the 1994-1995 fiscal year. Until
13 such standards are promulgated, no community college will be
14 reimbursed for any credit course which was offered by such
15 college as a noncredit course during the college's 1992-1993
16 fiscal year.
17 (1.3) The variable State share ceiling of a community
18 college shall be determined as follows:
19 (i) Subtract the taxable income per person of the local
20 sponsor from the highest taxable income per person of any county
21 in the Commonwealth.
22 (ii) Divide the amount determined under subclause (i) by the
23 difference between the highest taxable income per person of any
24 county in the Commonwealth and the lowest taxable income per
25 person of any county in the Commonwealth.
26 (iii) Multiply the quotient determined under subclause (ii)
27 by one-sixth.
28 (iv) Add one-third to the product determined under paragraph
29 (iii).
30 (v) Multiply the sum determined under subclause (iv) by the
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1 community college's operating costs in the year for which
2 reimbursement is being claimed.
3 (vi) The taxable income per person data used in the
4 preceding calculation shall be data certified to the Secretary
5 of Education by the Secretary of Revenue under section 2501(9.1)
6 for school district local sponsors or data otherwise published
7 by the Secretary of Revenue for a municipal local sponsor.
8 (1.4) The equivalent full-time student reimbursement of a
9 community college shall be the sum of credit course, noncredit
10 course and stipend reimbursements. These reimbursements shall be
11 calculated using a reimbursement factor of one thousand and
12 forty dollars ($1,040) for the 1993-1994 fiscal year and of [one
13 thousand eighty dollars ($1,080)] one thousand one hundred fifty
14 dollars ($1,150) for the 1994-1995 fiscal year and for each year
15 thereafter and shall be determined as follows:
16 (i) Credit course reimbursement shall be calculated by
17 multiplying the reimbursement factor by the number of equivalent
18 full-time students enrolled in credit courses as determined by
19 an audit to be made in a manner prescribed by the State Board of
20 Education.
21 (ii) Noncredit course reimbursement shall be calculated as
22 follows:
23 (A) eighty percent (80%) of the reimbursement factor
24 multiplied by the number of equivalent full-time students
25 enrolled in eligible noncredit courses for the 1993-1994 fiscal
26 year, as determined by the audit referred to in paragraph (i);
27 or
28 (B) [seventy percent (70%)] seventy-three percent (73%) of
29 the reimbursement factor multiplied by the number of equivalent
30 full-time students enrolled in eligible noncredit courses for
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1 the 1994-1995 fiscal year and for each year thereafter, as
2 determined by the audit referred to in paragraph (i).
3 (iii) Stipend reimbursement on account of a community
4 college's operating costs for all equivalent full-time students
5 enrolled in the following categories of two-year or less than
6 two-year occupational or technical programs, shall be the sum of
7 the following:
8 (A) One thousand one hundred dollars ($1,100) per full-time
9 equivalent student enrolled in advanced technology programs.
10 Advanced technology programs are programs using new or advanced
11 technologies which hold promise for creating new job
12 opportunities, including such fields as robotics, biotechnology,
13 specialized materials and engineering and engineering-related
14 programs.
15 (B) One thousand dollars ($1,000) per full-time equivalent
16 student enrolled in programs designated as Statewide programs. A
17 Statewide program is a program which meets one or more of the
18 following criteria:
19 (I) Program enrollment from out-of-sponsor area is twenty
20 per cent or more of the enrollment for the program.
21 (II) A consortial arrangement exists with another community
22 college to cooperatively operate a program or share regions in
23 order to avoid unnecessary program duplication.
24 (C) Five hundred dollars ($500) per full-time equivalent
25 student enrolled in other occupational or technical programs.
26 (1.5) For the 1994-1995 fiscal year and each succeeding
27 fiscal year thereafter, a sum equivalent to no less than three
28 and one-quarter percent (3.25%) of the equivalent full-time
29 student reimbursement of a community college defined in clause
30 (1.4) shall be added to the total appropriation for, and
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1 allocated to, the community colleges for the purpose of
2 purchasing replacements for obsolete and worn-out instructional
3 and administrative equipment, acquiring new instructional and
4 administrative equipment or repairing, refurbishing and
5 renovating facilities.
6 (2) For the 1993-1994 fiscal year, each community college
7 shall be reimbursed under clause (1) in an amount which is at
8 least equal to a one percent (1%) increase over its 1992-1993
9 operating cost and stipend reimbursement. [In no case shall a
10 community college's 1993-1994 reimbursement under clause (1) per
11 full-time equivalent student, insofar as said reimbursement does
12 not include a proportionate share attributable to stipend
13 reimbursement under clause (1.4)(iii), exceed its 1992-1993
14 operating cost reimbursement per full-time equivalent student by
15 more than ten percent (10%).]
16 (2.1) For the 1994-1995 fiscal year, each community college
17 shall be reimbursed under clause (1) in an amount which is at
18 least equal to a one percent (1%) increase over its 1993-1994
19 reimbursement under clause (1). [In no case shall a community
20 college's 1994-1995 reimbursement under clause (1) per full-time
21 equivalent student, insofar as said reimbursement does not
22 include the proportionate share attributable to stipend
23 reimbursement under clause (1.4)(iii), exceed its 1993-1994
24 reimbursement under clause (1) per full-time equivalent student,
25 insofar as said reimbursement does not include the proportionate
26 share attributable to stipend reimbursement under clause
27 (1.4)(iii) by more than ten percent (10%).]
28 (2.2) For the 1995-1996 fiscal year and each succeeding
29 fiscal year thereafter, each community college shall be
30 reimbursed under clause (1) in an amount which is at least equal
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1 to its 1994-1995 reimbursement under clause (1).
2 (3) The Secretary of Education annually shall establish
3 criteria to be used to determine eligibility of programs for
4 each of the above stipend categories, shall approve programs for
5 funding in the following fiscal year according to these criteria
6 and shall submit to chairmen of the committees of education in
7 the House of Representatives and Senate a report setting forth
8 the established criteria, any programs approved for funding
9 under these criteria and the recipient community colleges.
10 (4) Each community college shall maintain such accounting
11 and student attendance records on generally accepted principles
12 and standards as will lend themselves to satisfactory audit. The
13 Commonwealth shall pay to a community college on behalf of the
14 sponsor on account of its capital expenses an amount equal to
15 one-half of such college's annual capital expenses from funds
16 appropriated for that purpose to the extent that said capital
17 expenses have been approved as herein provided.
18 (5) For purposes of determining Commonwealth reimbursement
19 of operating costs, Federally funded expenditures for those
20 programs in which the Commonwealth participates in the cost
21 shall be deducted from total operating expenditures to determine
22 net reimbursable operating costs.
23 * * *
24 Section 2. This act shall take effect July 1, 1994, or
25 immediately, whichever is later.
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