SENATE AMENDED
PRIOR PRINTER'S NOS. 666, 1789, 2305, PRINTER'S NO. 2474
2385
No. 564 Session of 2003
INTRODUCED BY BUNT, DeWEESE, HARPER, CURRY, BARD, BELFANTI,
CAPPELLI, CIVERA, CLYMER, DAILEY, DALEY, DALLY, FREEMAN,
GODSHALL, HARHART, HENNESSEY, HERMAN, HORSEY, JAMES, JOSEPHS,
LaGROTTA, LAUGHLIN, LEH, MANN, MARKOSEK, NAILOR, ROSS,
RUBLEY, SAYLOR, SEMMEL, E. Z. TAYLOR, THOMAS, TRAVAGLIO,
TURZAI, VANCE, WEBER, WILT, YOUNGBLOOD, YUDICHAK, WASHINGTON,
ROEBUCK, SCAVELLO, LEWIS, SAMUELSON, WOJNAROSKI AND ADOLPH,
MARCH 3, 2003
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JULY 28, 2003
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," REQUIRING SCHOOL DISTRICTS TO REOPEN <--
6 THEIR 2003-2004 BUDGETS; IMPOSING LIMITATIONS ON CERTAIN
7 UNRESERVED FUND BALANCES; FURTHER PROVIDING FOR AUXILIARY
8 SERVICES; DELETING PROVISIONS RELATING TO PROFESSIONAL
9 TEACHER ASSESSMENT; FURTHER PROVIDING FOR COST OF TUITION AND
10 MAINTENANCE OF CERTAIN EXCEPTIONAL CHILDREN IN APPROVED
11 PRIVATE SCHOOLS AND FOR ACTUAL COST OF TUITION AND
12 MAINTENANCE OF CERTAIN EXCEPTIONAL CHILDREN IN THE FOUR
13 CHARTERED SCHOOLS FOR EDUCATION OF DEAF AND BLIND CHILDREN;
14 PROVIDING FOR THE HEAD START SUPPLEMENTAL ASSISTANCE PROGRAM;
15 FURTHER PROVIDING FOR EDUCATION SUPPORT SERVICES PROGRAM, FOR
16 EDUCATION EMPOWERMENT DISTRICTS, FOR SCHOOL IMPROVEMENT
17 GRANTS AND FOR MANDATE WAIVER PROGRAM; further providing for
18 community college financial programs and reimbursements;
19 establishing the Community College Nonmandated Capital Fund <--
20 PROVIDING FOR NONMANDATED CAPITAL; and abrogating a <--
21 regulation. AND FOR EFFECTIVE DATE OF REGULATIONS RELATING TO <--
22 COMMUNITY COLLEGES. NONMANDATED CAPITAL AND FOR EFFECTIVE <--
23 DATE OF REGULATIONS RELATING TO COMMUNITY COLLEGES; and <--
24 abrogating a regulation REGULATIONS. FURTHER DEFINING <--
25 "EDUCATIONAL IMPROVEMENT ORGANIZATION" AND "SCHOLARSHIP
26 ORGANIZATION"; FURTHER PROVIDING FOR EDUCATIONAL IMPROVEMENT
1 TAX CREDITS, FOR LIMITATIONS ON EDUCATIONAL IMPROVEMENT TAX
2 CREDITS, FOR PAYMENTS ON ACCOUNT OF PUPILS ENROLLED IN
3 VOCATIONAL CURRICULUMS AND FOR SMALL DISTRICT ASSISTANCE;
4 PROVIDING FOR BASIC EDUCATION FUNDING FOR 2002-2003 SCHOOL
5 YEAR; FURTHER PROVIDING FOR PAYMENTS TO INTERMEDIATE UNITS,
6 FOR SPECIAL EDUCATION PAYMENTS TO SCHOOL DISTRICTS AND FOR
7 COMMONWEALTH REIMBURSEMENTS FOR CHARTER SCHOOLS AND CYBER
8 CHARTER SCHOOLS AND FOR POWERS AND DUTIES OF THE STATE BOARD
9 OF EDUCATION; ABROGATING REGULATIONS; AND MAKING
10 APPROPRIATIONS, REPEALS AND AN EDITORIAL CHANGE.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 1902-A of the act of March 10, 1949 <--
14 (P.L.30, No.14), known as the Public School Code of 1949, added
15 July 1, 1985 (P.L.103, No.31), is amended to read:
16 Section 1902-A. Powers and Duties of State Board of
17 Education.--(a) The State Board of Education shall have the
18 power, and its duty shall be:
19 (1) To adopt such policies, standards, rules and regulations
20 formulated by the Council of Higher Education, as may be
21 necessary to provide for the establishment, operation and
22 maintenance of community colleges, including minimum
23 requirements for physical facilities and equipment, curriculum,
24 faculty, standards and professional requirements, qualifications
25 for admission and advancement of students, student enrollment,
26 student population of the area to be served by the community
27 college, requirements for satisfactory completion of a two-year
28 program and the degrees or diplomas or certificates to be
29 awarded therefor, means of financing and financial resources for
30 the establishment and support of the community college, and all
31 matters necessary to effectuate the purposes of this act.
32 (2) To approve or disapprove plans for the establishment or
33 operation of a community college.
34 (3) To approve or disapprove petitions of school districts
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1 or municipalities applying for participation in an established
2 community college. No petition may be approved unless it is
3 accompanied by the consent of the governing bodies of the
4 majority of the members of the local sponsor of the established
5 community college to the participation of the petitioning school
6 district or municipality.
7 (b) In determining such policies, standards, rules and
8 regulations, the State Board of Education may consider relevant
9 all minimum requirements established by statute or by regulation
10 with respect to the State colleges and universities of the
11 Commonwealth and may consider relevant such minimum requirements
12 established by statute or by regulation with respect to
13 secondary and special education programs in the school district
14 or districts of the area to be served by the community college.
15 Regulations promulgated under this article shall take effect at
16 the beginning of the school year following promulgation.
17 (c) In approving or disapproving such plans, the State Board
18 of Education shall consider the needs of areas adjacent to the
19 areas to be served by the community college and of the State
20 with respect to higher education and long range plans therefor
21 established by the State Board of Education. Other school
22 districts and municipalities may petition the State Board of
23 Education to become a part of a local sponsor as hereafter in
24 this act provided.
25 (d) No plan for the establishment of a community college
26 shall be approved unless the State Board of Education determines
27 that the local sponsor has a population of a sufficient number
28 to assure a sustained minimum enrollment, has sufficient wealth
29 to financially support such college and is not adequately served
30 by established institutions of higher learning. No plan for the
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1 establishment of a community college shall be approved unless it
2 contains an estimate of operating cost for administration,
3 instruction, operation and maintenance and such other accounts
4 as the State Board of Education may, from time to time,
5 determine. No plan for the establishment of a community college
6 shall be approved unless it contains an estimate of any proposed
7 capital improvements for the next following ten years.
8 (e) To confer with and obtain the approval of the Governor's
9 Office as to the number of community colleges which can be
10 approved for participation during the ensuing fiscal period.
11 (f) Wherever in this act the approval of the State Board of
12 Education is required in any matter, the State Board of
13 Education may require the Department of Education to make and
14 report its findings and recommendations on such matter to the
15 Council of Higher Education for the formulation of policies,
16 standards, rules and regulations for consideration by the State
17 Board of Education.
18 Section 2. Section 1913-A of the act, amended or added July
19 1, 1985 (P.L.103, No.31), October 20, 1988 (P.L.827, No.110),
20 June 7, 1993 (P.L.49, No.16) and June 22, 2001 (P.L.530, No.35),
21 is amended to read:
22 SECTION 1. SECTION 1913-A OF THE ACT OF MARCH 10, 1949 <--
23 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949,
24 AMENDED OR ADDED JULY 1, 1985 (P.L.103, NO.31), OCTOBER 20, 1988
25 (P.L.827, NO.110), JUNE 7, 1993 (P.L.49, NO.16) AND JUNE 22,
26 2001 (P.L.530, NO.35), IS AMENDED TO READ:
27 SECTION 1. SECTION 687 OF THE ACT OF MARCH 10, 1949 (P.L.30, <--
28 NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS AMENDED BY
29 ADDING A SUBSECTION TO READ:
30 SECTION 687. ANNUAL BUDGET; ADDITIONAL OR INCREASED
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1 APPROPRIATIONS; TRANSFER OF FUNDS.--* * *
2 (J) (1) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ACT,
3 THE BOARD OF SCHOOL DIRECTORS OF EACH SCHOOL DISTRICT IS
4 REQUIRED TO AND SHALL REOPEN ITS 2003-2004 BUDGET WITHIN SIXTY
5 (60) DAYS OF THE EFFECTIVE DATE OF THIS SUBSECTION TO REFLECT
6 ANY INCREASED STATE ALLOCATIONS UNDER SECTIONS 2502.13 AND
7 2502.41 FOR FISCAL YEAR 2003-2004 PROVIDED BY THE GENERAL
8 ASSEMBLY THROUGH THIS ACT AND TO COMPLY WITH SECTION 688.
9 (2) IN THOSE SCHOOL DISTRICTS WHICH LEVY TAXES AND WHERE THE
10 INCREASED STATE ALLOCATIONS EXCEED THE STATE REVENUE FIGURES
11 UTILIZED BY THE SCHOOL DISTRICT AT THE TIME OF ADOPTION OF ITS
12 ORIGINAL FISCAL YEAR 2003-2004 BUDGET, THE BOARD OF SCHOOL
13 DIRECTORS SHALL FIRST USE THE INCREASE IN STATE ALLOCATIONS TO
14 DO ANY OF THE FOLLOWING:
15 (I) OFFSET THE INCREASE IN THE EMPLOYER CONTRIBUTION RATE ON
16 BEHALF OF ACTIVE MEMBERS OF THE PUBLIC SCHOOL EMPLOYEES'
17 RETIREMENT SYSTEM AS CALCULATED UNDER 24 PA.C.S. § 8328
18 (RELATING TO ACTUARIAL COST METHOD). SUCH AMOUNT SHALL SUPPLANT
19 ANY OTHER SCHOOL DISTRICT REVENUES ALLOCATED FOR THIS PURPOSE;
20 (II) ABATE ANY LOCAL TAXES WHICH WERE LEVIED AT THE TIME OF
21 ORIGINAL BUDGET ADOPTION. SUCH TAX ABATEMENTS SHALL OCCUR WITHIN
22 SIXTY (60) DAYS OF THE REOPENING OF THE SCHOOL DISTRICT'S BUDGET
23 AND MAY TAKE THE FORM OF TAX REDUCTIONS, REBATES OR CREDITS;
24 (III) REDUCE OR RETIRE ANY OUTSTANDING INDEBTEDNESS OF THE
25 SCHOOL DISTRICT; OR
26 (IV) RESTORE FUNDING TO ANY EDUCATIONAL PROGRAMS WHICH WERE
27 REDUCED OR ELIMINATED FOR THE 2003-2004 SCHOOL YEAR.
28 (3) UNDER NO CIRCUMSTANCES SHALL ANY INCREASED STATE
29 ALLOCATIONS BE USED TO INCREASE A SCHOOL DISTRICT'S RESERVED OR
30 UNRESERVED FUND BALANCES.
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1 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
2 SECTION 688. LIMITATIONS ON CERTAIN UNRESERVED FUND
3 BALANCES.--(A) FOR THE 2003-2004 SCHOOL YEAR AND EACH SCHOOL
4 YEAR THEREAFTER, NO SCHOOL DISTRICT SHALL APPROVE AN INCREASE IN
5 REAL PROPERTY TAXES UNLESS IT HAS ADOPTED A BUDGET, OR A
6 REOPENED BUDGET FOR THE 2003-2004 SCHOOL YEAR PURSUANT TO
7 SECTION 687(J), THAT INCLUDES AN ESTIMATED, ENDING UNRESERVED
8 UNDESIGNATED FUND BALANCE LESS THAN OR EQUAL TO THE APPLICABLE
9 PERCENTAGE AS FOLLOWS:
10 SCHOOL DISTRICT ESTIMATED, ENDING UNRESERVED UNDESIGNATED
11 TOTAL BUDGETED FUND BALANCE AS PERCENTAGE OF
12 EXPENDITURES TOTAL BUDGETED EXPENDITURES
13 LESS THAN OR EQUAL TO $11,999,999 12%
14 BETWEEN $12,000,000 AND $12,999,999 11.5%
15 BETWEEN $13,000,000 AND $13,999,999 11%
16 BETWEEN $14,000,000 AND $14,999,999 10.5%
17 BETWEEN $15,000,000 AND $15,999,999 10%
18 BETWEEN $16,000,000 AND $16,999,999 9.5%
19 BETWEEN $17,000,000 AND $17,999,999 9%
20 BETWEEN $18,000,000 AND $18,999,999 8.5%
21 GREATER THAN OR EQUAL TO $19,000,000 8%
22 (B) BY OCTOBER 15, 2003, AND AUGUST 15 OF EACH YEAR
23 THEREAFTER, EACH SCHOOL DISTRICT THAT APPROVES AN INCREASE IN
24 REAL PROPERTY TAXES SHALL PROVIDE THE DEPARTMENT OF EDUCATION
25 WITH INFORMATION CERTIFYING COMPLIANCE WITH THIS SECTION. SUCH
26 INFORMATION SHALL BE PROVIDED IN A FORM AND MANNER PRESCRIBED BY
27 THE DEPARTMENT OF EDUCATION AND SHALL INCLUDE INFORMATION ON THE
28 SCHOOL DISTRICT'S ESTIMATED, ENDING UNRESERVED UNDESIGNATED FUND
29 BALANCE EXPRESSED AS A DOLLAR AMOUNT AND AS A PERCENTAGE OF THE
30 SCHOOL DISTRICT'S TOTAL BUDGETED EXPENDITURES FOR THAT SCHOOL
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1 YEAR.
2 (C) AS USED IN THIS SECTION, "ESTIMATED, ENDING UNRESERVED
3 UNDESIGNATED FUND BALANCE" SHALL MEAN THAT PORTION OF THE FUND
4 BALANCE, WHICH IS APPROPRIABLE FOR EXPENDITURE OR NOT LEGALLY OR
5 OTHERWISE SEGREGATED FOR A SPECIFIC OR TENTATIVE FUTURE USE,
6 PROJECTED FOR THE CLOSE OF THE SCHOOL YEAR FOR WHICH A SCHOOL
7 DISTRICT'S BUDGET WAS ADOPTED AND HELD IN THE GENERAL FUND
8 ACCOUNTS OF THE SCHOOL DISTRICT.
9 SECTION 3. SECTION 922.1-A OF THE ACT, AMENDED OR ADDED
10 AUGUST 1, 1975 (P.L.180, NO.89), AUGUST 24, 1977 (P.L.199,
11 NO.59), OCTOBER 10, 1980 (P.L.924, NO.159) AND MAY 10, 2000
12 (P.L.44, NO.16), IS REENACTED TO READ:
13 SECTION 922.1-A. AUXILIARY SERVICES.--(A) LEGISLATIVE
14 FINDING; DECLARATION OF POLICY. THE WELFARE OF THE COMMONWEALTH
15 REQUIRES THAT THE PRESENT AND FUTURE GENERATION OF SCHOOL AGE
16 CHILDREN BE ASSURED AMPLE OPPORTUNITY TO DEVELOP TO THE FULLEST,
17 THEIR INTELLECTUAL CAPACITIES. IT IS THE INTENT OF THE GENERAL
18 ASSEMBLY BY THIS ENACTMENT TO ENSURE THAT THE INTERMEDIATE UNITS
19 IN THE COMMONWEALTH SHALL FURNISH ON AN EQUAL BASIS AUXILIARY
20 SERVICES TO ALL PUPILS IN THE COMMONWEALTH IN BOTH PUBLIC AND
21 NONPROFIT NONPUBLIC SCHOOLS.
22 (B) DEFINITIONS. THE FOLLOWING TERMS, WHENEVER USED OR
23 REFERRED TO IN THIS SECTION, SHALL HAVE THE FOLLOWING MEANINGS,
24 EXCEPT IN THOSE CIRCUMSTANCES WHERE THE CONTEXT CLEARLY
25 INDICATES OTHERWISE:
26 "AUXILIARY SERVICES" MEANS GUIDANCE, COUNSELING AND TESTING
27 SERVICES; PSYCHOLOGICAL SERVICES; VISUAL SERVICES AS DEFINED IN
28 SECTION 923.2-A; SERVICES FOR EXCEPTIONAL CHILDREN; REMEDIAL
29 SERVICES; SPEECH AND HEARING SERVICES; SERVICES FOR THE
30 IMPROVEMENT OF THE EDUCATIONALLY DISADVANTAGED (SUCH AS, BUT NOT
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1 LIMITED TO, THE TEACHING OF ENGLISH AS A SECOND LANGUAGE), AND
2 SUCH OTHER SECULAR, NEUTRAL, NONIDEOLOGICAL SERVICES AS ARE OF
3 BENEFIT TO ALL SCHOOL CHILDREN AND ARE PRESENTLY OR HEREAFTER
4 PROVIDED FOR PUBLIC SCHOOL CHILDREN OF THE COMMONWEALTH.
5 "NONPUBLIC SCHOOL" MEANS NONPROFIT SCHOOL, OTHER THAN A
6 PUBLIC SCHOOL WITHIN THE COMMONWEALTH OF PENNSYLVANIA, WHEREIN A
7 RESIDENT OF THE COMMONWEALTH MAY LEGALLY FULFILL THE COMPULSORY
8 SCHOOL ATTENDANCE REQUIREMENTS OF THIS ACT AND WHICH MEET THE
9 REQUIREMENTS OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
10 (PUB.L.88-352; 42 U.S.C. SECTION 2000 ET SEQ).
11 (C) PROGRAM OF AUXILIARY SERVICES. STUDENTS ATTENDING
12 NONPUBLIC SCHOOLS SHALL BE FURNISHED A PROGRAM OF AUXILIARY
13 SERVICES WHICH ARE PROVIDED TO PUBLIC SCHOOL STUDENTS IN THE
14 SCHOOL DISTRICT IN WHICH THEIR NONPUBLIC SCHOOL IS LOCATED. THE
15 PROGRAM OF AUXILIARY SERVICES SHALL BE PROVIDED BY THE
16 INTERMEDIATE UNIT IN WHICH THE NONPUBLIC SCHOOL IS LOCATED, IN
17 ACCORDANCE WITH STANDARDS OF THE SECRETARY OF EDUCATION. BEFORE
18 AN INTERMEDIATE UNIT MAKES ANY DECISION THAT AFFECTS THE
19 OPPORTUNITIES FOR CHILDREN ATTENDING NONPUBLIC SCHOOLS TO
20 PARTICIPATE IN THE AUXILIARY SERVICES PROVIDED UNDER THIS
21 SECTION, THE INTERMEDIATE UNIT SHALL CONSULT WITH SUCH NONPUBLIC
22 SCHOOLS TO DETERMINE AT A MINIMUM: WHICH GENERAL CATEGORIES OF
23 CHILDREN SHALL RECEIVE SERVICES; WHAT SERVICES SHALL BE
24 PROVIDED; HOW AND WHERE THE SERVICES SHALL BE PROVIDED; AND HOW
25 THE SERVICES SHALL BE EVALUATED. SUCH SERVICES SHALL BE PROVIDED
26 DIRECTLY TO THE NONPUBLIC SCHOOL STUDENTS BY THE INTERMEDIATE
27 UNIT IN THE SCHOOLS WHICH THE STUDENTS ATTEND, IN MOBILE
28 INSTRUCTIONAL UNITS LOCATED ON THE GROUNDS OF SUCH SCHOOLS OR IN
29 ANY ALTERNATIVE SETTING MUTUALLY AGREED UPON BY THE SCHOOL AND
30 THE INTERMEDIATE UNIT, TO THE EXTENT PERMITTED BY THE
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1 CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE
2 COMMONWEALTH OF PENNSYLVANIA.
3 SUCH AUXILIARY SERVICES SHALL BE PROVIDED DIRECTLY BY THE
4 INTERMEDIATE UNITS AND NO AUXILIARY SERVICES PRESENTLY PROVIDED
5 TO PUBLIC SCHOOL STUDENTS BY THE INTERMEDIATE UNITS AND/OR
6 SCHOOL DISTRICTS BY MEANS OF STATE OR LOCAL REVENUES, DURING THE
7 SCHOOL YEAR 1974-1975, SHALL BE ELIMINATED. NO SCHOOL DISTRICTS
8 SHALL BE REQUIRED, PURSUANT TO ANY SECTION OF THIS ACT, TO OFFER
9 AUXILIARY SERVICES PROVIDED BY ANY OTHER SCHOOL DISTRICTS WITHIN
10 SUCH INTERMEDIATE UNITS.
11 (D) ALLOCATIONS. IN JULY OF 1977 AND ANNUALLY THEREAFTER IN
12 JULY, THE SECRETARY OF EDUCATION SHALL ALLOCATE TO EACH
13 INTERMEDIATE UNIT AN AMOUNT EQUAL TO THE NUMBER OF NONPUBLIC
14 SCHOOL STUDENTS AS OF OCTOBER 1 OF THE PRECEDING SCHOOL YEAR WHO
15 ARE ENROLLED IN NONPUBLIC SCHOOLS WITHIN THE INTERMEDIATE UNIT
16 TIMES SEVENTY-TWO DOLLARS ($72). THE SECRETARY OF EDUCATION
17 SHALL INCREASE THIS FIGURE ON A PROPORTIONATE BASIS WHENEVER
18 THERE IS AN INCREASE IN THE MEDIAN ACTUAL INSTRUCTION EXPENSE
19 PER WADM AS DEFINED IN CLAUSE (12.1) OF SECTION 2501 OF THIS
20 ACT. THE COMMONWEALTH SHALL PAY TO EACH INTERMEDIATE UNIT
21 FIFTEEN PER CENTUM (15%) OF ITS ALLOCATION ON AUGUST 1, SEVENTY-
22 FIVE PER CENTUM (75%) ON OCTOBER 1, AND THE REMAINING TEN PER
23 CENTUM (10%) ON THE FIRST DAY OF FEBRUARY.
24 (E) LIMITATIONS. THE INTERMEDIATE UNIT SHALL NOT USE MORE
25 THAN SIX PER CENTUM (6%) OF THE FUNDS IT RECEIVES FOR
26 ADMINISTRATION OR EIGHTEEN PER CENTUM (18%) FOR RENTAL OF
27 FACILITIES. THE DEPARTMENT OF EDUCATION SHALL NOT USE MORE THAN
28 ONE PER CENTUM (1%) OF THE FUNDS IT ALLOCATES UNDER THIS SECTION
29 FOR ADMINISTRATIVE EXPENSES. IF ALL FUNDS ALLOCATED BY THE
30 INTERMEDIATE UNITS TO ADMINISTRATION, OR RENTAL FACILITIES ARE
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1 NOT EXPENDED FOR THOSE PURPOSES, SUCH FUNDS MAY BE USED FOR THE
2 PROGRAM COSTS.
3 (F) INTEREST. THERE SHALL BE NO ADJUSTMENT IN THE ALLOCATION
4 AS PROVIDED IN SUBSECTION (D) BECAUSE OF INTEREST EARNED ON THE
5 ALLOCATIONS BY THE INTERMEDIATE UNITS. INTEREST SO EARNED SHALL
6 BE USED FOR THE PURPOSE OF THIS SECTION BUT SHALL NOT BE SUBJECT
7 TO THE LIMITATIONS OF SUBSECTION (E).
8 (G) PRELIMINARY BUDGET. ANNUALLY, EACH INTERMEDIATE UNIT
9 SHALL SUBMIT TO THE SECRETARY A PRELIMINARY BUDGET ON OR BEFORE
10 JANUARY 31 AND A FINAL BUDGET ON OR BEFORE JUNE 15, FOR THE
11 SUCCEEDING YEAR; AND SHALL FILE A FINAL FINANCIAL REPORT ON OR
12 BEFORE OCTOBER 31 FOR THE PRECEDING YEAR.
13 SECTION 4. ARTICLE XII-A OF THE ACT IS REPEALED.
14 SECTION 5. SECTION 1376 OF THE ACT, AMENDED JUNE 7, 1993
15 (P.L.49, NO.16), JUNE 30, 1995 (P.L.220, NO.26) AND JUNE 22,
16 2001 (P.L.530, NO.35), IS AMENDED TO READ:
17 SECTION 1376. COST OF TUITION AND MAINTENANCE OF CERTAIN
18 EXCEPTIONAL CHILDREN IN APPROVED INSTITUTIONS.--(A) WHEN ANY
19 CHILD BETWEEN SCHOOL ENTRY AGE AND TWENTY-ONE (21) YEARS OF AGE
20 AND RESIDENT IN THIS COMMONWEALTH, WHO IS BLIND OR DEAF, OR HAS
21 CEREBRAL PALSY AND/OR NEUROLOGICAL IMPAIRMENT AND/OR MUSCULAR
22 DYSTROPHY AND/OR IS MENTALLY RETARDED AND/OR HAS A SERIOUS
23 EMOTIONAL DISTURBANCE AND/OR HAS AUTISM/PERVASIVE DEVELOPMENTAL
24 DISORDER AND IS ENROLLED, WITH THE APPROVAL OF THE DEPARTMENT OF
25 EDUCATION, AS A PUPIL IN AN APPROVED PRIVATE SCHOOL APPROVED BY
26 THE DEPARTMENT OF EDUCATION, IN ACCORDANCE WITH STANDARDS AND
27 REGULATIONS PROMULGATED BY THE STATE BOARD OF EDUCATION, THE
28 SCHOOL DISTRICT IN WHICH SUCH CHILD IS RESIDENT OR, FOR STUDENTS
29 PLACED BY A CHARTER SCHOOL, THE CHARTER SCHOOL IN WHICH THE
30 STUDENT WAS ENROLLED SHALL PAY THE GREATER OF EITHER TWENTY PER
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1 CENTUM (20%) OF THE ACTUAL AUDITED COST OF TUITION AND
2 MAINTENANCE OF SUCH CHILD IN SUCH SCHOOL, AS DETERMINED BY THE
3 DEPARTMENT OF EDUCATION, OR ITS "TUITION CHARGE PER ELEMENTARY
4 PUPIL" OR ITS "TUITION CHARGE PER HIGH SCHOOL PUPIL," AS
5 CALCULATED PURSUANT TO SECTION 2561, AND THE COMMONWEALTH SHALL
6 PAY, OUT OF FUNDS APPROPRIATED TO THE DEPARTMENT FOR SPECIAL
7 EDUCATION, THE BALANCE DUE FOR THE COSTS OF SUCH CHILD'S TUITION
8 AND MAINTENANCE, AS DETERMINED BY THE DEPARTMENT. FOR THE SCHOOL
9 YEARS 1989-1990, 1990-1991 AND 1991-1992, THE SCHOOL DISTRICT
10 PAYMENT SHALL BE NO GREATER THAN FORTY PERCENT (40%) OF THE
11 ACTUAL AUDITED COSTS OF TUITION AND MAINTENANCE OF SUCH CHILD IN
12 SUCH SCHOOL. FOR THE 1992-1993 SCHOOL YEAR AND EACH SCHOOL YEAR
13 THEREAFTER, THE SCHOOL DISTRICT OR CHARTER SCHOOL PAYMENT SHALL
14 BE THE GREATER OF FORTY PERCENT (40%) OF THE ACTUAL AUDITED
15 COSTS OF TUITION AND MAINTENANCE OF SUCH CHILD IN SUCH SCHOOL,
16 AS DETERMINED BY THE DEPARTMENT OF EDUCATION, OR ITS "TUITION
17 CHARGE PER ELEMENTARY PUPIL" OR ITS "TUITION CHARGE PER HIGH
18 SCHOOL PUPIL," AS CALCULATED PURSUANT TO SECTION 2561, AND THE
19 COMMONWEALTH SHALL PAY, OUT OF FUNDS APPROPRIATED TO THE
20 DEPARTMENT FOR APPROVED PRIVATE SCHOOLS, THE BALANCE DUE FOR THE
21 COSTS OF SUCH CHILD'S TUITION AND MAINTENANCE, AS DETERMINED BY
22 THE DEPARTMENT. THE DEPARTMENT WILL CREDIT THE DISTRICT OF
23 RESIDENCE WITH AVERAGE DAILY MEMBERSHIP FOR SUCH CHILD
24 CONSISTENT WITH THE RULES OF PROCEDURE DEVELOPED IN ACCORDANCE
25 WITH SECTION 2501. IF THE RESIDENCE OF SUCH CHILD IN A
26 PARTICULAR SCHOOL DISTRICT CANNOT BE DETERMINED, THE
27 COMMONWEALTH SHALL PAY, OUT OF MONEYS APPROPRIATED TO THE
28 DEPARTMENT FOR SPECIAL EDUCATION, THE WHOLE COST OF TUITION AND
29 MAINTENANCE OF SUCH CHILD. [THE DEPARTMENT OF EDUCATION SHALL BE
30 PROVIDED WITH SUCH FINANCIAL DATA FROM APPROVED PRIVATE SCHOOLS
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1 AS MAY BE NECESSARY TO DETERMINE THE REASONABLENESS OF COSTS FOR
2 TUITION AND ROOM AND BOARD CONCERNING PENNSYLVANIA RESIDENT
3 APPROVED REIMBURSED STUDENTS. THE DEPARTMENT OF EDUCATION SHALL
4 EVALUATE SUCH DATA AND SHALL DISALLOW ANY COST DEEMED
5 UNREASONABLE. ANY COSTS DEEMED UNREASONABLE BY THE DEPARTMENT OF
6 EDUCATION FOR DISALLOWANCE SHALL BE CONSIDERED AN ADJUDICATION
7 WITHIN THE MEANING OF TITLE 2 OF THE PA.C.S. (RELATING TO
8 ADMINISTRATIVE LAW AND PROCEDURE) AND REGULATIONS PROMULGATED
9 THEREUNDER.]
10 (B) WHEN ANY PERSON LESS THAN SCHOOL ENTRY AGE OR MORE THAN
11 TWENTY-ONE (21) YEARS OF AGE AND RESIDENT IN THIS COMMONWEALTH,
12 WHO IS BLIND OR DEAF, OR HAS CEREBRAL PALSY AND/OR HAS
13 NEUROLOGICAL IMPAIRMENT AND/OR HAS MUSCULAR DYSTROPHY, OR HAS
14 AUTISM/PERVASIVE DEVELOPMENTAL DELAY, AND IS ENROLLED, WITH THE
15 APPROVAL OF THE DEPARTMENT OF EDUCATION, AS A PUPIL IN AN
16 APPROVED PRIVATE SCHOOL APPROVED BY THE DEPARTMENT OF EDUCATION,
17 THE COMMONWEALTH SHALL PAY TO SUCH SCHOOL, OUT OF MONEYS
18 APPROPRIATED TO THE DEPARTMENT FOR SPECIAL EDUCATION, THE ACTUAL
19 AUDITED COST OF TUITION AND MAINTENANCE OF SUCH PERSON, AS
20 DETERMINED BY THE DEPARTMENT OF EDUCATION, SUBJECT TO REVIEW AND
21 APPROVAL IN ACCORDANCE WITH STANDARDS AND REGULATIONS
22 PROMULGATED BY THE STATE BOARD OF EDUCATION IN ACCORDANCE WITH
23 SUBSECTION (B.1), AND IN ADDITION, IN THE CASE OF ANY CHILD LESS
24 THAN SCHOOL ENTRY AGE, WHO IS BLIND, THE COST, AS DETERMINED BY
25 THE DEPARTMENT OF EDUCATION OF INSTRUCTING THE PARENT OF SUCH
26 BLIND CHILD IN CARING FOR SUCH CHILD.
27 (B.1) FOR THE 2004-2005 SCHOOL YEAR AND EACH SCHOOL YEAR
28 THEREAFTER, AN APPROVED PRIVATE SCHOOL SHALL SUBMIT TO THE
29 DEPARTMENT OF EDUCATION ITS BUDGETED COSTS FOR THE UPCOMING
30 SCHOOL YEAR. BASED UPON THIS INFORMATION AND THE PRIOR YEAR'S
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1 SETTLED AUDIT, THE DEPARTMENT OF EDUCATION SHALL DEVELOP AN
2 INTERIM REIMBURSEMENT RATE FOR THE APPROVED PRIVATE SCHOOL. THE
3 DEPARTMENT OF EDUCATION SHALL PROVIDE THE APPROVED PRIVATE
4 SCHOOL WITH MONTHLY PAYMENTS IN ADVANCE OF THE FINAL COST
5 SETTLEMENT AS PROVIDED FOR IN SUBSECTION (C.2). THE DEPARTMENT
6 OF EDUCATION SHALL ADOPT FINAL REIMBURSEMENT RATES BASED ON THE
7 FINAL COST SETTLEMENT. THE DEPARTMENT OF EDUCATION MAY WITHHOLD
8 A PORTION OF SUCH PAYMENTS NOT EXCEEDING FIVE PERCENT (5%) OF
9 SUCH PAYMENT, PENDING FINAL COST SETTLEMENT. IN NO EVENT SHALL
10 EITHER THE PAYMENTS MADE IN ADVANCE OF THE FINAL COST SETTLEMENT
11 OR FINAL REIMBURSEMENTS BASED ON THE FINAL COST SETTLEMENT MADE
12 BY THE DEPARTMENT OF EDUCATION EXCEED THE APPROPRIATION
13 AVAILABLE FOR APPROVED PRIVATE SCHOOLS.
14 [(C) EACH APPROVED PRIVATE SCHOOL, PRIOR TO THE START OF THE
15 SCHOOL YEAR, SHALL SUBMIT TO THE DEPARTMENT SUCH INFORMATION AS
16 THE DEPARTMENT MAY REQUIRE IN ORDER TO ESTABLISH AN ESTIMATE OF
17 REIMBURSABLE COSTS. BASED UPON THIS INFORMATION, ANY OTHER DATA
18 DEEMED NECESSARY BY THE DEPARTMENT AND IN ACCORDANCE WITH
19 DEPARTMENT STANDARDS, THE DEPARTMENT SHALL DEVELOP FOR EACH
20 APPROVED PRIVATE SCHOOL AN ESTIMATE OF REIMBURSABLE COSTS. BASED
21 UPON SUCH ESTIMATE, THE DEPARTMENT SHALL PROVIDE EACH APPROVED
22 PRIVATE SCHOOL WITH MONTHLY PAYMENTS IN ADVANCE OF DEPARTMENT
23 AUDIT. THE DEPARTMENT MAY WITHHOLD A PORTION OF SUCH PAYMENTS
24 NOT EXCEEDING FIVE PERCENT (5%) OF SUCH PAYMENT, PENDING FINAL
25 AUDIT. IN NO EVENT SHALL EITHER THE ADVANCE PAYMENTS OR FINAL
26 REIMBURSEMENT MADE BY THE DEPARTMENT FOLLOWING AUDIT EXCEED THE
27 APPROPRIATION AVAILABLE FOR APPROVED PRIVATE SCHOOLS.]
28 (C.1) ANY FUNDS REMAINING FROM THE APPROPRIATION LINE ITEMS
29 "FOR SPECIAL EDUCATION - APPROVED PRIVATE SCHOOLS" OR FOR
30 PENNSYLVANIA CHARTER SCHOOLS FOR THE DEAF AND BLIND FROM THE
20030H0564B2474 - 13 -
1 GENERAL APPROPRIATIONS ACTS FOR FISCAL YEARS 1978-1979 AND EACH
2 FISCAL YEAR THEREAFTER SHALL BE TRANSFERRED BY THE STATE
3 TREASURER INTO A RESTRICTED ACCOUNT (CONTINUING APPROPRIATION)
4 FOR AUDIT RESOLUTION WHICH IS HEREBY ESTABLISHED. THE DEPARTMENT
5 OF EDUCATION SHALL ALSO DEPOSIT INTO THIS RESTRICTED ACCOUNT ANY
6 FUNDS RETURNED TO OR RECOVERED BY THE DEPARTMENT FROM APPROVED
7 PRIVATE SCHOOLS OR CHARTERED SCHOOLS FOR OVERPAYMENTS DURING
8 FISCAL YEARS 1978-1979 AND EACH FISCAL YEAR THEREAFTER. THE
9 FUNDS IN THE RESTRICTED ACCOUNT ARE HEREBY APPROPRIATED UPON
10 APPROVAL OF THE GOVERNOR TO THE DEPARTMENT OF EDUCATION FOR
11 PAYMENTS TO APPROVED PRIVATE SCHOOLS FOR AUDIT RESOLUTIONS FOR
12 FISCAL YEARS 1978-1979 AND EACH FISCAL YEAR THEREAFTER. FUNDS IN
13 THIS RESTRICTED ACCOUNT SHALL NOT BE SUBJECT TO THE LIMITATIONS
14 IN SUBSECTION [(C)] (B.1) WHICH PROHIBIT ADVANCE PAYMENTS AND
15 FINAL REIMBURSEMENT FROM EXCEEDING THE APPROPRIATION AVAILABLE
16 FOR APPROVED PRIVATE SCHOOLS. DURING THE 1995-1996 FISCAL YEAR
17 AND DURING EACH FISCAL YEAR THEREAFTER, THE DEPARTMENT OF
18 EDUCATION SHALL REVIEW THE ACTIVITY IN THE RESTRICTED ACCOUNT
19 AND MAY RECOMMEND THAT THE GOVERNOR AUTHORIZE THE LAPSING INTO
20 THE GENERAL FUND OF ANY FUNDS THAT ARE ESTIMATED NOT TO BE
21 NEEDED FOR AUDIT RESOLUTION.
22 (C.2) THE DEPARTMENT OF EDUCATION SHALL ESTABLISH PROCEDURES
23 AND AUDIT STANDARDS TO GOVERN THE SCOPE OF REPORTABLE COSTS, THE
24 METHODS USED TO EXAMINE COSTS AND DETERMINE ALLOWABILITY AND
25 TIMELINESS OF COST REPORTING. FOR THE 2004-2005 SCHOOL YEAR AND
26 EACH SCHOOL YEAR THEREAFTER, COST REPORTS SHALL BE PREPARED BY
27 AN APPROVED PRIVATE SCHOOL AND AUDITED BY THE APPROVED PRIVATE
28 SCHOOL'S INDEPENDENT PUBLIC ACCOUNTANT. SUCH COST REPORTS SHALL
29 BE PREPARED IN ACCORDANCE WITH ESTABLISHED PROCEDURES AND AUDIT
30 STANDARDS AND DELIVERED TO THE DEPARTMENT OF EDUCATION WITHIN
20030H0564B2474 - 14 -
1 SIX (6) MONTHS AFTER THE CONCLUSION OF THE SCHOOL YEAR. THE
2 DEPARTMENT OF EDUCATION SHALL HAVE SIX (6) MONTHS TO PROCESS
3 THESE COST REPORTS AND SETTLE ANY OUTSTANDING PAYMENTS DUE TO OR
4 FROM THE APPROVED PRIVATE SCHOOL. NOTHING IN THIS SUBSECTION
5 SHALL BE CONSTRUED TO PRECLUDE THE DEPARTMENT OF EDUCATION FROM
6 CONDUCTING ITS OWN AUDITS ON A PERIODIC BASIS. WHERE THE
7 DEPARTMENT OF EDUCATION CONDUCTS SUCH AUDITS, THE AUDITS MUST BE
8 COMPLETED WITHIN ONE (1) YEAR OF THE COST REPORT DEADLINE AND
9 MAY NOT DELAY THE ALLOWABLE PERIOD FOR SETTLEMENT OF ANY
10 PAYMENTS DUE TO OR FROM THE APPROVED PRIVATE SCHOOL. AUDITS OF
11 COST REPORTS SUBMITTED FOR SCHOOL YEARS PRIOR TO THE 2004-2005
12 SCHOOL YEAR SHALL BE COMPLETED IN A MANNER CONSISTENT WITH PRIOR
13 AUDIT PRACTICES.
14 (D) NO PRIVATE INSTITUTION RECEIVING PAYMENT IN ACCORDANCE
15 WITH THIS SECTION SHALL IMPOSE ANY CHARGE ON THE STUDENT AND/OR
16 PARENTS WHO ARE PENNSYLVANIA APPROVED REIMBURSABLE RESIDENTS FOR
17 A PROGRAM OF INDIVIDUALIZED INSTRUCTION AND MAINTENANCE
18 APPROPRIATE TO THE CHILD'S NEEDS; EXCEPT THAT CHARGES FOR
19 SERVICES NOT PART OF SUCH PROGRAM MAY BE MADE IF AGREED TO BY
20 THE PARENTS.
21 [(E) (1) THE EDUCATION COMMITTEES OF THE SENATE AND HOUSE
22 OF REPRESENTATIVES ARE DIRECTED TO JOINTLY EXAMINE THE ISSUES OF
23 THE FUNDING OF APPROVED PRIVATE SCHOOLS AND SPECIAL EDUCATION
24 STUDENTS' ACCESS TO APPROVED PRIVATE SCHOOLS AS PART OF THE FULL
25 CONTINUUM OF SPECIAL EDUCATION PLACEMENTS. THE COMMITTEES'
26 EXAMINATION SHOULD ADDRESS, AT A MINIMUM, THE FOLLOWING ISSUES:
27 (I) THE FUNDING METHODOLOGY WHICH SUPPORTS THE SCHOOL
28 DISTRICT'S RESPONSIBILITY FOR INDIVIDUALIZED, APPROPRIATE
29 EDUCATIONAL SERVICES TO SPECIAL EDUCATION STUDENTS THROUGH
30 ACCESS TO THE MOST COMPREHENSIVE CONTINUUM OF EDUCATIONAL
20030H0564B2474 - 15 -
1 OPTIONS AND SETTINGS.
2 (II) THE ROLE OF THE APPROVED PRIVATE SCHOOL IN THE MANDATED
3 CONTINUUM OF SPECIAL EDUCATION SERVICES AVAILABLE TO STUDENTS IN
4 PENNSYLVANIA.
5 (III) THE RELATIVE ROLES OF THE DEPARTMENT OF EDUCATION AND
6 SCHOOL DISTRICTS TO ENSURE FREE APPROPRIATE PUBLIC EDUCATION
7 (FAPE) THROUGH ADEQUATE FUNDING AND APPROPRIATE DISTRIBUTION OF
8 COMPREHENSIVE SERVICES.
9 (IV) THE PROVISIONS OF THE INDIVIDUALS WITH DISABILITIES
10 EDUCATION ACT (IDEA) (P.L.101-476), THE CORDERO COURT ORDERS,
11 THIS ACT AND 22 PA. CODE CHS. 14 AND 342 AS THEY RELATE TO THE
12 PROVISION OF PROGRAMS AND SERVICES TO SPECIAL EDUCATION STUDENTS
13 SHOULD BE CAREFULLY REVIEWED AS THEY PERTAIN TO APPROVED PRIVATE
14 SCHOOLS, CONTINUUM OF PLACEMENT OPTIONS, FUNDING, FAPE AND OTHER
15 PERTINENT ISSUES.
16 (2) THE COMMITTEES SHALL REPORT BACK TO THE GENERAL ASSEMBLY
17 BY NOVEMBER 15, 1993, WITH LEGISLATIVE AND/OR ADMINISTRATIVE
18 RECOMMENDATIONS. THE COMMITTEES MAY HOLD SUCH MEETINGS AND
19 HEARINGS AS THEY DEEM APPROPRIATE TO ACCOMPLISH THE PROVISIONS
20 OF THIS SUBSECTION.]
21 SECTION 6. SECTION 1376.1 OF THE ACT, AMENDED JUNE 7, 1993
22 (P.L.49, NO.16), IS AMENDED TO READ:
23 SECTION 1376.1. ACTUAL COST OF TUITION AND MAINTENANCE OF
24 CERTAIN EXCEPTIONAL CHILDREN IN THE FOUR CHARTERED SCHOOLS FOR
25 EDUCATION OF THE DEAF AND THE BLIND.--(A) THE FOLLOWING TERM,
26 WHENEVER USED OR REFERRED TO IN THIS SECTION, SHALL HAVE THE
27 FOLLOWING MEANING. "CHARTERED SCHOOL" SHALL MEAN ANY OF THE FOUR
28 (4) CHARTERED SCHOOLS FOR THE EDUCATION OF THE DEAF OR THE
29 BLIND: THE PENNSYLVANIA SCHOOL FOR THE DEAF; THE OVERBROOK
30 SCHOOL FOR THE BLIND; THE WESTERN PENNSYLVANIA SCHOOL FOR BLIND
20030H0564B2474 - 16 -
1 CHILDREN; AND THE WESTERN PENNSYLVANIA SCHOOL FOR THE DEAF.
2 (B) WHEN ANY CHILD OF SCHOOL AGE RESIDENT IN THIS
3 COMMONWEALTH, WHO IS BLIND OR DEAF, IS ENROLLED WITH THE
4 APPROVAL OF THE DEPARTMENT OF EDUCATION AS A PUPIL IN ANY OF THE
5 FOUR (4) CHARTERED SCHOOLS IN ACCORDANCE WITH STANDARDS AND
6 REGULATIONS PROMULGATED BY THE STATE BOARD OF EDUCATION, THE
7 SCHOOL DISTRICT IN WHICH SUCH CHILD IS RESIDENT SHALL PAY THE
8 GREATER OF EITHER TWENTY PERCENT (20%) OF THE ACTUAL COST OF
9 TUITION AND MAINTENANCE OF SUCH CHILD IN SUCH INSTITUTION, AS
10 DETERMINED BY THE DEPARTMENT OF EDUCATION; OR ITS "TUITION
11 CHARGE PER ELEMENTARY PUPIL" OR ITS "TUITION CHARGE PER HIGH
12 SCHOOL PUPIL," AND THE COMMONWEALTH SHALL PAY, OUT OF FUNDS
13 APPROPRIATED TO THE DEPARTMENT FOR SPECIAL EDUCATION, THE
14 BALANCE DUE FOR THE COSTS OF SUCH CHILD'S TUITION AND
15 MAINTENANCE, AS DETERMINED BY THE DEPARTMENT. FOR THE SCHOOL
16 YEARS 1989-90, 1990-91 AND 1991-92, THE SCHOOL DISTRICT PAYMENT
17 SHALL BE NO GREATER THAN FORTY PERCENT (40%) OF THE ACTUAL
18 AUDITED COSTS OF TUITION AND MAINTENANCE OF SUCH CHILD IN SUCH
19 SCHOOL. FOR THE 1992-1993 SCHOOL YEAR AND EACH SCHOOL YEAR
20 THEREAFTER, THE SCHOOL DISTRICT PAYMENT SHALL BE THE GREATER OF
21 FORTY PERCENT (40%) OF THE ACTUAL AUDITED COSTS OF TUITION AND
22 MAINTENANCE OF SUCH CHILD IN SUCH SCHOOL, AS DETERMINED BY THE
23 DEPARTMENT OF EDUCATION, OR ITS "TUITION CHARGE PER ELEMENTARY
24 PUPIL" OR ITS "TUITION CHARGE PER HIGH SCHOOL PUPIL," AND THE
25 COMMONWEALTH SHALL PAY OUT OF FUNDS APPROPRIATED TO THE
26 DEPARTMENT FOR CHARTERED SCHOOLS THE BALANCE DUE FOR THE COSTS
27 OF SUCH CHILD'S TUITION AND MAINTENANCE, AS DETERMINED BY THE
28 DEPARTMENT. THE DEPARTMENT WILL CREDIT THE DISTRICT OF RESIDENCE
29 WITH AVERAGE DAILY MEMBERSHIP FOR SUCH CHILD CONSISTENT WITH THE
30 RULES OF PROCEDURE DEVELOPED IN ACCORDANCE WITH SECTION 2501. IF
20030H0564B2474 - 17 -
1 THE RESIDENCE OF SUCH CHILD IN A PARTICULAR SCHOOL DISTRICT
2 CANNOT BE DETERMINED, THE COMMONWEALTH SHALL PAY, OUT OF MONEYS
3 APPROPRIATED TO THE DEPARTMENT FOR SPECIAL EDUCATION, THE WHOLE
4 COST OF TUITION AND MAINTENANCE OF SUCH CHILD. [THE DEPARTMENT
5 OF EDUCATION SHALL BE PROVIDED WITH SUCH FINANCIAL DATA FROM
6 EACH OF THE CHARTERED SCHOOLS AS MAY BE NECESSARY TO DETERMINE
7 THE REASONABLENESS OF CHARGES FOR TUITION AND ROOM AND BOARD OF
8 EACH OF THE CHARTERED SCHOOLS MADE ON PENNSYLVANIA RESIDENT
9 APPROVED STUDENTS. THE DEPARTMENT OF EDUCATION SHALL EVALUATE
10 SUCH DATA AND SHALL DISALLOW ANY CHARGES DEEMED UNREASONABLE.
11 ANY CHARGE DEEMED UNREASONABLE BY THE DEPARTMENT OF EDUCATION
12 FOR DISALLOWANCE SHALL BE CONSIDERED AN ADJUDICATION WITHIN THE
13 MEANING OF TITLE 2 OF THE PA.C.S. (RELATING TO ADMINISTRATIVE
14 LAW AND PROCEDURE) AND REGULATIONS PROMULGATED THEREUNDER.]
15 (C) WHEN ANY PERSON LESS THAN SCHOOL AGE RESIDENT IN THIS
16 COMMONWEALTH WHO IS BLIND OR DEAF IS ENROLLED, WITH THE APPROVAL
17 OF THE DEPARTMENT OF EDUCATION, AS A RESIDENTIAL PUPIL IN ANY OF
18 THE FOUR (4) CHARTERED SCHOOLS, THE COMMONWEALTH SHALL PAY TO
19 THE SCHOOL, OUT OF MONEYS APPROPRIATED TO THE DEPARTMENT FOR
20 SPECIAL EDUCATION, THE ACTUAL COST OF TUITION AND MAINTENANCE OF
21 SUCH PERSON, AS DETERMINED BY THE DEPARTMENT OF EDUCATION,
22 SUBJECT TO REVIEW AND APPROVAL IN ACCORDANCE WITH STANDARDS AND
23 REGULATIONS PROMULGATED BY THE STATE BOARD OF EDUCATION IN
24 ACCORDANCE WITH SUBSECTION (E), AND IN ADDITION, IN THE CASE OF
25 ANY CHILD LESS THAN SCHOOL AGE, WHO IS BLIND, THE COST, AS
26 DETERMINED BY THE DEPARTMENT OF EDUCATION OF INSTRUCTING THE
27 PARENT OF SUCH BLIND CHILD IN CARING FOR SUCH CHILD.
28 (D) NONE OF THE CHARTERED SCHOOLS RECEIVING PAYMENT IN
29 ACCORDANCE WITH THIS SECTION SHALL IMPOSE ANY CHARGE ON THE
30 STUDENT AND/OR PARENTS WHO ARE APPROVED REIMBURSABLE RESIDENTS
20030H0564B2474 - 18 -
1 FOR A PROGRAM OF INSTRUCTION AND MAINTENANCE APPROPRIATE TO THE
2 CHILD'S NEEDS; EXCEPT THAT CHARGES FOR PROGRAMS NOT PART OF THE
3 NORMAL SCHOOL YEAR MAY BE MADE.
4 (E) FOR THE 2004-2005 SCHOOL YEAR AND EACH SCHOOL YEAR
5 THEREAFTER, A CHARTERED SCHOOL SHALL SUBMIT TO THE DEPARTMENT OF
6 EDUCATION ITS BUDGETED COSTS FOR THE UPCOMING SCHOOL YEAR. BASED
7 UPON THIS INFORMATION AND THE PRIOR YEAR'S SETTLED AUDIT, THE
8 DEPARTMENT OF EDUCATION SHALL DEVELOP AN INTERIM REIMBURSEMENT
9 RATE FOR THE CHARTERED SCHOOL. THE DEPARTMENT OF EDUCATION SHALL
10 PROVIDE THE CHARTERED SCHOOL WITH MONTHLY PAYMENTS IN ADVANCE OF
11 THE FINAL COST SETTLEMENT AS PROVIDED FOR IN SUBSECTION (F). THE
12 DEPARTMENT OF EDUCATION SHALL ADOPT FINAL REIMBURSEMENT RATES
13 BASED ON THE FINAL COST SETTLEMENT. THE DEPARTMENT OF EDUCATION
14 MAY WITHHOLD A PORTION OF SUCH PAYMENTS NOT EXCEEDING FIVE
15 PERCENT (5%) OF SUCH PAYMENT, PENDING FINAL COST SETTLEMENT. IN
16 NO EVENT SHALL EITHER THE PAYMENTS MADE IN ADVANCE OF THE FINAL
17 COST SETTLEMENT OR FINAL REIMBURSEMENTS BASED ON THE FINAL COST
18 SETTLEMENT MADE BY THE DEPARTMENT OF EDUCATION EXCEED THE
19 APPROPRIATION AVAILABLE FOR CHARTERED SCHOOLS.
20 (F) THE DEPARTMENT OF EDUCATION SHALL ESTABLISH PROCEDURES
21 AND AUDIT STANDARDS TO GOVERN THE SCOPE OF REPORTABLE COSTS, THE
22 METHODS USED TO EXAMINE COSTS AND DETERMINE ALLOWABILITY AND
23 TIMELINESS OF COST REPORTING. FOR THE 2004-2005 SCHOOL YEAR AND
24 EACH SCHOOL YEAR THEREAFTER, COST REPORTS SHALL BE PREPARED BY A
25 CHARTERED SCHOOL AND AUDITED BY THE CHARTERED SCHOOL'S
26 INDEPENDENT PUBLIC ACCOUNTANT. SUCH COST REPORTS SHALL BE
27 PREPARED IN ACCORDANCE WITH ESTABLISHED PROCEDURES AND AUDIT
28 STANDARDS AND DELIVERED TO THE DEPARTMENT OF EDUCATION WITHIN
29 SIX (6) MONTHS AFTER THE CONCLUSION OF THE SCHOOL YEAR. THE
30 DEPARTMENT OF EDUCATION SHALL HAVE SIX (6) MONTHS TO PROCESS
20030H0564B2474 - 19 -
1 THESE COST REPORTS AND SETTLE ANY OUTSTANDING PAYMENTS DUE TO OR
2 FROM THE CHARTERED SCHOOL. NOTHING IN THIS SUBSECTION SHALL BE
3 CONSTRUED TO PRECLUDE THE DEPARTMENT OF EDUCATION FROM
4 CONDUCTING ITS OWN AUDITS ON A PERIODIC BASIS. WHERE THE
5 DEPARTMENT OF EDUCATION CONDUCTS SUCH AUDITS, THE AUDITS MUST BE
6 COMPLETED WITHIN ONE (1) YEAR OF THE COST REPORT DEADLINE AND
7 MAY NOT DELAY THE ALLOWABLE PERIOD FOR SETTLEMENT OF ANY
8 PAYMENTS DUE TO OR FROM THE CHARTERED SCHOOL. AUDITS OF COST
9 REPORTS SUBMITTED FOR SCHOOL YEARS PRIOR TO THE 2004-2005 SCHOOL
10 YEAR SHALL BE COMPLETED IN A MANNER CONSISTENT WITH PRIOR AUDIT
11 PRACTICES.
12 SECTION 7. SECTION 1501-C OF THE ACT, AMENDED JUNE 29, 2002
13 (P.L.524, NO.88), IS REENACTED AND AMENDED TO READ:
14 SECTION 1501-C. DEFINITIONS.
15 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
16 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
17 CONTEXT CLEARLY INDICATES OTHERWISE:
18 "DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
19 COMMONWEALTH.
20 "ELIGIBLE STUDENT." A RESIDENT OF THIS COMMONWEALTH WHO IS
21 ENROLLED IN [THIRD, FOURTH, FIFTH OR SIXTH] KINDERGARTEN THROUGH
22 EIGHTH GRADE IN A SCHOOL ENTITY AND IS DEEMED ELIGIBLE PURSUANT
23 TO SECTION 1502-C(B).
24 "ELIGIBILITY TEST." THE PENNSYLVANIA SYSTEM OF SCHOOL
25 ASSESSMENT OR A COMMERCIALLY PREPARED, STANDARDIZED ACHIEVEMENT
26 TEST APPROVED BY THE DEPARTMENT OF EDUCATION. A LIST OF APPROVED
27 TESTS UNDER THIS ARTICLE SHALL BE PUBLISHED ANNUALLY IN THE
28 PENNSYLVANIA BULLETIN.
29 "GRANT." A GRANT AWARDED TO A GRANT RECIPIENT UNDER THIS
30 ARTICLE.
20030H0564B2474 - 20 -
1 "GRANT RECIPIENT." A RESIDENT OF THIS COMMONWEALTH WHO IS A
2 PARENT, GUARDIAN OR PERSON IN PARENTAL RELATION TO AN ELIGIBLE
3 STUDENT.
4 "PROGRAM." THE EDUCATION SUPPORT SERVICES PROGRAM
5 ESTABLISHED IN SECTION 1502-C.
6 "PROVIDER." A SCHOOL ENTITY, AN INSTITUTION OF HIGHER
7 EDUCATION, A NONPROFIT OR FOR-PROFIT ORGANIZATION OR A CERTIFIED
8 TEACHER EMPLOYED BY A SCHOOL ENTITY, THAT IS APPROVED BY THE
9 DEPARTMENT OF EDUCATION TO PROVIDE EDUCATION SUPPORT SERVICES.
10 "SCHOOL ENTITY." ANY OF THE FOLLOWING LOCATED IN THIS
11 COMMONWEALTH: A SCHOOL DISTRICT, INTERMEDIATE UNIT, JOINT SCHOOL
12 DISTRICT, AREA VOCATIONAL-TECHNICAL SCHOOL, CHARTER SCHOOL,
13 INDEPENDENT SCHOOL, LICENSED PRIVATE ACADEMIC SCHOOL, ACCREDITED
14 SCHOOL, A SCHOOL REGISTERED UNDER SECTION 1327(B), THE SCOTLAND
15 SCHOOL FOR VETERANS' CHILDREN OR THE SCRANTON SCHOOL FOR THE
16 DEAF.
17 SECTION 8. SECTIONS 1502-C AND 1503-C, OF THE ACT, ADDED MAY
18 17, 2001 (P.L.4, NO.4), ARE REENACTED TO READ:
19 SECTION 1502-C. ESTABLISHMENT OF PROGRAM.
20 (A) ESTABLISHMENT.--THE EDUCATION SUPPORT SERVICES PROGRAM
21 IS ESTABLISHED WITHIN THE DEPARTMENT TO PROVIDE INDIVIDUAL OR
22 SMALL GROUP INSTRUCTION IN READING AND MATHEMATICS TO STRENGTHEN
23 THE SKILLS THAT AN ELIGIBLE STUDENT NEEDS TO ACHIEVE THE
24 STANDARDS IN 22 PA. CODE CH. 4 (RELATING TO ACADEMIC STANDARDS
25 AND ASSESSMENT), WHICH SHALL BE PROVIDED AT A TIME OTHER THAN
26 THE REGULARLY SCHEDULED SCHOOL HOURS.
27 (B) ELIGIBILITY.--THE DEPARTMENT SHALL UTILIZE THE
28 PENNSYLVANIA SYSTEM OF SCHOOL ASSESSMENT TEST OR OTHER TEST
29 RESULTS TO IDENTIFY ELIGIBLE STUDENTS UNDER THIS ARTICLE. SCORES
30 USED TO DETERMINE ELIGIBLE STUDENTS IN EACH GRADE SHALL BE
20030H0564B2474 - 21 -
1 PUBLISHED ANNUALLY IN THE PENNSYLVANIA BULLETIN.
2 (C) APPROVAL.--A PROVIDER MUST BE APPROVED BY THE DEPARTMENT
3 IN ORDER TO PROVIDE EDUCATION SUPPORT SERVICES UNDER THIS
4 ARTICLE.
5 SECTION 1503-C. APPLICATION AND APPROVAL.
6 (A) APPLICATION.--A PROSPECTIVE GRANT RECIPIENT SHALL APPLY
7 ANNUALLY TO THE DEPARTMENT FOR A GRANT TO PURCHASE EDUCATION
8 SUPPORT SERVICES FOR AN ELIGIBLE STUDENT FROM AN APPROVED
9 PROVIDER IN A TIME AND MANNER PRESCRIBED BY THE DEPARTMENT.
10 (B) REQUIRED INFORMATION.--AN APPLICATION SUBMITTED UNDER
11 THIS SECTION SHALL INCLUDE VERIFICATION OF THE ELIGIBILITY TEST
12 RESULTS AND SUCH OTHER INFORMATION AS THE DEPARTMENT MAY
13 REQUIRE.
14 SECTION 9. SECTION 1504-C OF THE ACT, ADDED MAY 17, 2001
15 (P.L.4, NO.4), IS REENACTED AND AMENDED TO READ:
16 SECTION 1504-C. POWERS AND DUTIES OF THE DEPARTMENT.
17 THE DEPARTMENT SHALL:
18 (1) ESTABLISH CRITERIA TO ANNUALLY IDENTIFY ELIGIBLE
19 STUDENTS [IN GRADES THREE, FOUR, FIVE AND SIX] TO PARTICIPATE
20 IN THE PROGRAM UNDER SECTION 1502-C.
21 (2) APPROVE PROVIDERS OF EDUCATION SUPPORT SERVICES.
22 (3) ADOPT STANDARDS, PROCEDURES AND GUIDELINES TO BE
23 USED TO APPROVE PROVIDERS OF EDUCATION SUPPORT SERVICES UNDER
24 THIS ARTICLE.
25 (4) AWARD GRANTS TO A GRANT RECIPIENT IN AN AMOUNT NOT
26 TO EXCEED $500 PER FISCAL YEAR FOR EACH ELIGIBLE STUDENT.
27 (5) ESTABLISH MINIMUM QUALIFICATIONS FOR INDIVIDUALS
28 UTILIZED BY PROVIDERS OF EDUCATION SUPPORT SERVICES.
29 (6) ESTABLISH PERIODS DURING WHICH APPLICATIONS WILL BE
30 REVIEWED TO ACCOMMODATE THE DATES WHEN RESULTS OF APPROVED
20030H0564B2474 - 22 -
1 ELIGIBILITY TESTS BECOME AVAILABLE.
2 SECTION 10. SECTION 1505-C OF THE ACT, AMENDED JUNE 29, 2002
3 (P.L.524, NO.88), IS REENACTED TO READ:
4 SECTION 1505-C. PROVIDERS.
5 A PROSPECTIVE PROVIDER SHALL SUBMIT AN APPLICATION TO THE
6 DEPARTMENT FOR APPROVAL TO PROVIDE EDUCATION SUPPORT SERVICES
7 UNDER THIS ARTICLE. THE APPLICATION SHALL INCLUDE A DESCRIPTION
8 OF THE SERVICES TO BE PROVIDED, THE COST OF THE SERVICES, THE
9 QUALIFICATION OF ALL INDIVIDUALS PROVIDING THOSE SERVICES,
10 INCLUDING EVIDENCE OF COMPLIANCE WITH SECTION 111 AND WITH 23
11 PA.C.S. § 6355 (RELATING TO REQUIREMENT), AND SUCH OTHER
12 INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT.
13 SECTION 11. SECTION 1506-C OF THE ACT, ADDED MAY 17, 2001
14 (P.L.4, NO.4), IS REENACTED AND AMENDED TO READ:
15 SECTION 1506-C. NOTIFICATION OF PROGRAM.
16 A SCHOOL ENTITY IN THIS COMMONWEALTH WITH STUDENTS ENROLLED
17 IN [THIRD, FOURTH, FIFTH OR SIXTH] KINDERGARTEN THROUGH EIGHTH
18 GRADE SHALL NOTIFY PARENTS OF THE AVAILABILITY OF EDUCATION
19 SUPPORT SERVICES AT SUCH TIME AS THE PARENTS RECEIVE THE RESULTS
20 OF ANY ELIGIBILITY TEST.
21 SECTION 12. SECTIONS 1507-C, 1508-C, 1509-C, 1510-C AND
22 1511-C OF THE ACT, ADDED MAY 17, 2001 (P.L.4, NO.4), ARE
23 REENACTED TO READ:
24 SECTION 1507-C. PAYMENT OF GRANTS.
25 (A) CERTIFICATES.--A CERTIFICATE FOR EDUCATION SUPPORT
26 SERVICES UNDER THIS ARTICLE SHALL BE ISSUED BY THE DEPARTMENT IN
27 AN AMOUNT AUTHORIZING UP TO $500 FOR EACH ELIGIBLE STUDENT
28 IDENTIFIED ON THE CERTIFICATE. THE CERTIFICATE SHALL BE ISSUED
29 TO THE GRANT RECIPIENT AND SHALL BE VALID ONLY FOR THE FISCAL
30 YEAR IN WHICH IT IS ISSUED. AFTER RECEIVING THE CERTIFICATE FROM
20030H0564B2474 - 23 -
1 A GRANT RECIPIENT, THE PROVIDER SHALL INCLUDE THE FOLLOWING
2 INFORMATION ON THE CERTIFICATE: NAME OF ELIGIBLE STUDENT SERVED,
3 TYPE OF INSTRUCTION, DATE AND LENGTH OF INSTRUCTION AND COST OF
4 INSTRUCTION PROVIDED TO THE ELIGIBLE STUDENT. WHEN THE AMOUNT OF
5 THE CERTIFICATE HAS BEEN UTILIZED OR WHEN THE ELIGIBLE STUDENT
6 IS NO LONGER RECEIVING EDUCATION SUPPORT SERVICES FROM THE
7 PROVIDER, THE PROVIDER SHALL RETURN THE COMPLETED CERTIFICATE TO
8 THE GRANT RECIPIENT FOR SUBMISSION TO THE DEPARTMENT FOR
9 PAYMENT. THE DEPARTMENT SHALL MAKE PAYMENT DIRECTLY TO THE GRANT
10 RECIPIENT FOR THE AMOUNT DUE. GRANT RECIPIENTS MUST SEND ALL
11 OUTSTANDING CERTIFICATES TO THE DEPARTMENT FOR PAYMENT NO LATER
12 THAN 90 DAYS AFTER RECEIVING THE COMPLETED CERTIFICATE FROM THE
13 PROVIDER.
14 (B) PENALTY FOR GRANT RECIPIENTS.--A GRANT RECIPIENT WHO
15 KNOWINGLY DEFRAUDS THE COMMONWEALTH BY RECEIVING REIMBURSEMENT
16 FOR EDUCATION SUPPORT SERVICES NOT RENDERED TO THE ELIGIBLE
17 STUDENT AND GRANT RECIPIENT IDENTIFIED ON THE CERTIFICATE
18 COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON
19 CONVICTION, BE SENTENCED TO PAY A FINE OF NOT MORE THAN $1,000
20 PER VIOLATION AND SHALL BE DISQUALIFIED FROM ELIGIBILITY FOR AN
21 ADDITIONAL GRANT FOR A PERIOD OF NOT LESS THAN FIVE YEARS.
22 (C) PENALTY FOR PROVIDERS.--A PROVIDER THAT KNOWINGLY
23 VIOLATES SECTION 1509-C OR KNOWINGLY DEFRAUDS THE COMMONWEALTH
24 BY RECEIVING REIMBURSEMENT FOR EDUCATION SUPPORT SERVICES NOT
25 RENDERED TO THE ELIGIBLE STUDENT AND GRANT RECIPIENT IDENTIFIED
26 ON THE CERTIFICATE COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND
27 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT MORE
28 THAN $1,000 PER VIOLATION AND SHALL BE BARRED FROM PARTICIPATION
29 IN THE PROGRAM FOR NOT LESS THAN FIVE YEARS.
30 SECTION 1508-C. LIMITATIONS.
20030H0564B2474 - 24 -
1 (A) AMOUNT.--THE AMOUNT OF GRANTS PROVIDED UNDER THIS
2 ARTICLE IN A FISCAL YEAR SHALL BE LIMITED TO THE FUNDS
3 APPROPRIATED FOR THAT PURPOSE. NO MORE THAN 10% OF THE TOTAL
4 FUNDS APPROPRIATED FOR THIS PROGRAM IN ANY FISCAL YEAR SHALL BE
5 AWARDED TO GRANT RECIPIENTS WITHIN A SPECIFIC SCHOOL DISTRICT
6 EXCEPT THAT, IF THE DEPARTMENT DETERMINES THAT ALL SCHOOL
7 ENTITIES IN THE COMMONWEALTH HAVE HAD AN OPPORTUNITY TO
8 PARTICIPATE IN THE PROGRAM AND THAT FUNDS REMAIN AVAILABLE, IT
9 MAY WAIVE THE 10% LIMITATION UNDER THIS SUBSECTION.
10 (B) AVAILABILITY OF FUNDS.--IN THE EVENT THAT THE FUNDS
11 APPROPRIATED IN ANY FISCAL YEAR ARE INSUFFICIENT TO PROVIDE
12 GRANTS TO ALL GRANT RECIPIENTS, GRANTS SHALL BE AWARDED ON A
13 FIRST-COME, FIRST-SERVED BASIS. THE DEPARTMENT SHALL HOLD A
14 PORTION OF THE FUNDS IN RESERVE TO ENSURE THAT MONEY IS
15 AVAILABLE FOR EACH APPLICATION PERIOD ESTABLISHED UNDER SECTION
16 1504-C(6).
17 SECTION 1509-C. CONFIDENTIALITY.
18 NOTHING IN THIS ARTICLE SHALL AUTHORIZE THE DEPARTMENT, A
19 SCHOOL ENTITY OR A PROVIDER TO RELEASE OR OTHERWISE UTILIZE
20 STUDENT IDENTIFIABLE INFORMATION OR INDIVIDUAL STUDENT TEST
21 SCORES FOR PURPOSES OTHER THAN THE ADMINISTRATION OF THIS
22 ARTICLE.
23 SECTION 1510-C. NONTAXABLE INCOME.
24 A GRANT RECEIVED BY A GRANT RECIPIENT SHALL NOT BE CONSIDERED
25 TO BE TAXABLE INCOME FOR THE PURPOSES OF ARTICLE III OF THE ACT
26 OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF
27 1971.
28 SECTION 1511-C. APPLICABILITY.
29 SERVICES PROVIDED UNDER THIS ARTICLE DO NOT CONSTITUTE
30 TUTORING OR INSTRUCTION UNDER THE ACT OF JANUARY 28, 1988
20030H0564B2474 - 25 -
1 (P.L.24, NO.11), KNOWN AS THE PRIVATE ACADEMIC SCHOOLS ACT.
2 SECTION 13. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
3 ARTICLE XV-D
4 HEAD START SUPPLEMENTAL ASSISTANCE PROGRAM
5 SECTION 1501-D. DEFINITIONS.
6 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
7 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
8 CONTEXT CLEARLY INDICATES OTHERWISE:
9 "DEPARTMENT." THE DEPARTMENT OF EDUCATION OF THE
10 COMMONWEALTH.
11 "EXTENDED DAY SERVICES." HEAD START AND CHILD-CARE SERVICES
12 PROVIDED TO CHILDREN ELIGIBLE FOR HEAD START BY A HEAD START
13 PROVIDER OR THROUGH A COLLABORATIVE AGREEMENT BETWEEN A HEAD
14 START PROVIDER AND A LICENSED CHILD-CARE CENTER, OR A REGISTERED
15 FAMILY OR GROUP DAY-CARE HOME FOR THOSE HOURS AND DAYS BEYOND
16 THE HOURS FUNDED THROUGH THE FEDERAL HEAD START PROGRAM.
17 "HEAD START." A PROGRAM FUNDED UNDER THE FEDERAL HEAD START
18 ACT ESTABLISHED BY THE OMNIBUS BUDGET RECONCILIATION ACT OF 1981
19 (PUBLIC LAW 97-35, 95 STAT. 357) AND CARRIED OUT BY A HEAD START
20 AGENCY OR DELEGATE AGENCY THAT PROVIDES ONGOING COMPREHENSIVE
21 CHILD DEVELOPMENT SERVICES.
22 "PROGRAM." THE HEAD START SUPPLEMENTAL ASSISTANCE PROGRAM
23 ESTABLISHED IN SECTION 1502-D.
24 SECTION 1502-D. HEAD START SUPPLEMENTAL ASSISTANCE PROGRAM.
25 (A) ESTABLISHMENT.--THE HEAD START SUPPLEMENTAL ASSISTANCE
26 PROGRAM IS HEREBY ESTABLISHED TO PROVIDE HEAD START SERVICES TO
27 ADDITIONAL ELIGIBLE CHILDREN AND TO PROVIDE EXTENDED DAY
28 SERVICES THROUGH EXISTING HEAD START PROVIDERS.
29 (B) ADMINISTRATION.--THE DEPARTMENT SHALL ADMINISTER THE
30 PROGRAM. SUCH ADMINISTRATION SHALL BE CONSISTENT WITH FEDERAL
20030H0564B2474 - 26 -
1 HEAD START GUIDELINES AND SHALL PROVIDE SUPPLEMENTAL FINANCIAL
2 ASSISTANCE TO EXISTING PROVIDERS OF FEDERAL HEAD START SERVICES.
3 (C) COORDINATION.--THE DEPARTMENT, TO EVERY EXTENT POSSIBLE,
4 SHALL COORDINATE THE ADMINISTRATION OF THE PROGRAM WITH THE
5 DEPARTMENT OF PUBLIC WELFARE AND THE DEPARTMENT OF HEALTH. THE
6 PURPOSE OF THIS COORDINATION SHALL BE TO:
7 (1) IDENTIFY EDUCATIONAL, CHILD-CARE OR OTHER SERVICES
8 UNDER THE JURISDICTION OF THE DEPARTMENT OF PUBLIC WELFARE
9 AND THE DEPARTMENT OF HEALTH THAT CAN AUGMENT OR IMPROVE THE
10 SERVICES AVAILABLE THROUGH HEAD START PROVIDERS.
11 (2) PROVIDE TECHNICAL ASSISTANCE TO HEAD START PROVIDERS
12 ESTABLISHING CHILD-CARE SERVICES IN ORDER TO OFFER EXTENDED
13 DAY SERVICES.
14 (3) PROVIDE TECHNICAL ASSISTANCE TO HEAD START
15 PROVIDERS, LICENSED CHILD-CARE CENTERS OR REGISTERED FAMILY
16 OR GROUP DAY-CARE HOMES ENTERING INTO COLLABORATIVE
17 AGREEMENTS IN ORDER TO OFFER EXTENDED DAY SERVICES.
18 (D) CRITERIA FOR FUNDING.--TO IMPLEMENT THE PROGRAM, THE
19 DEPARTMENT SHALL REQUEST PROPOSALS FROM EXISTING HEAD START
20 PROVIDERS AND MAY AWARD GRANTS OR ENTER INTO SERVICE CONTRACTS
21 WITH EXISTING HEAD START PROVIDERS THAT MEET ALL OF THE
22 FOLLOWING CRITERIA:
23 (1) DEMONSTRATE THE NEED FOR ADDITIONAL HEAD START
24 SERVICES IN THE PROVIDER'S SERVICE AREA, WHETHER THE NEED IS
25 DETERMINED BY THE PERCENTAGE OF ELIGIBLE CHILDREN WHO ARE NOT
26 SERVED IN THE PROVIDER'S SERVICE AREA OR BY THE DEMAND FOR
27 EXTENDED DAY SERVICES.
28 (2) DEMONSTRATE THE ABILITY TO EXPAND STAFF, SPACE OR
29 SERVICES EITHER:
30 (I) WITHIN THE HEAD START PROGRAM; OR
20030H0564B2474 - 27 -
1 (II) IN COOPERATION WITH LICENSED CHILD-CARE CENTERS
2 OR REGISTERED FAMILY OR GROUP DAY-CARE HOMES
3 TO SERVE ADDITIONAL CHILDREN OR TO PROVIDE EXTENDED DAY
4 SERVICES.
5 (3) DEMONSTRATE THE ABILITY TO COMPLY WITH FEDERAL AND
6 STATE REQUIREMENTS FOR CHILD-CARE SERVICE PROVIDERS IF THE
7 HEAD START PROVIDER INTENDS TO PROVIDE EXTENDED DAY SERVICES.
8 (4) DEMONSTRATE THE ABILITY TO ENTER INTO A
9 COLLABORATIVE AGREEMENT WITH A CHILD-CARE SERVICE PROVIDER IF
10 THE HEAD START PROVIDER INTENDS TO ENTER INTO A COLLABORATIVE
11 AGREEMENT WITH A LICENSED CHILD-CARE CENTER OR A REGISTERED
12 FAMILY OR GROUP DAY-CARE HOME TO OFFER EXTENDED DAY SERVICES.
13 SECTION 1503-D. PRIORITY IN FUNDING.
14 THE DEPARTMENT SHALL GIVE PRIORITY IN FUNDING TO HEAD START
15 PROVIDERS APPLYING FOR GRANTS TO SERVE ADDITIONAL ELIGIBLE
16 CHILDREN.
17 SECTION 1504-D. ANNUAL REPORT.
18 THE DEPARTMENT SHALL COMPILE AN ANNUAL REPORT ON THE PROGRAM
19 FOR SUBMISSION TO THE GOVERNOR, THE CHAIRMEN OF THE
20 APPROPRIATIONS COMMITTEE AND THE EDUCATION COMMITTEE OF THE
21 SENATE AND THE CHAIRMEN OF THE APPROPRIATIONS COMMITTEE AND
22 EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES. THE REPORT
23 SHALL INCLUDE:
24 (1) THE NUMBER OF ELIGIBLE CHILDREN SERVED BY HEAD START
25 AS OF THE EFFECTIVE DATE OF THIS ARTICLE.
26 (2) THE NUMBER OF ELIGIBLE CHILDREN SERVED BY THE
27 PROGRAM DURING THE SCHOOL YEAR THAT BEGINS ONE YEAR AFTER THE
28 EFFECTIVE DATE OF THIS ARTICLE AND EACH YEAR THEREAFTER.
29 (3) THE NUMBER OF EXTENDED DAY PROGRAMS AND THE NUMBER
30 OF ELIGIBLE CHILDREN ENROLLED IN EXTENDED DAY PROGRAMS AS OF
20030H0564B2474 - 28 -
1 THE EFFECTIVE DATE OF THIS ARTICLE.
2 (4) THE NUMBER OF EXTENDED DAY PROGRAMS AND THE NUMBER
3 OF ELIGIBLE CHILDREN ENROLLED IN EXTENDED DAY PROGRAMS DURING
4 THE SCHOOL YEAR THAT BEGINS ONE YEAR AFTER THE EFFECTIVE DATE
5 OF THIS ARTICLE AND EACH YEAR THEREAFTER.
6 (5) A SUMMARY OF THE TYPES OF ACTIVITIES FUNDED UNDER
7 THE PROGRAM.
8 SECTION 14. SECTION 1705-B(H)(4) OF THE ACT, AMENDED JUNE
9 29, 2002 (P.L.524, NO.88) AND DECEMBER 9, 2002 (P.L.1472,
10 NO.187), IS AMENDED TO READ:
11 SECTION 1705-B. EDUCATION EMPOWERMENT DISTRICTS.--* * *
12 (H) * * *
13 (4) THE DEPARTMENT MAY UTILIZE UP TO $2,000,000 OF
14 UNDISTRIBUTED FUNDS NOT EXPENDED, ENCUMBERED OR COMMITTED FROM
15 APPROPRIATIONS FOR GRANTS AND SUBSIDIES MADE TO THE DEPARTMENT
16 TO ASSIST SCHOOL DISTRICTS CERTIFIED AS AN EDUCATION EMPOWERMENT
17 DISTRICT UNDER PARAGRAPH (3). THERE IS HEREBY ESTABLISHED A
18 RESTRICTED ACCOUNT FROM WHICH PAYMENTS UNDER THIS PARAGRAPH
19 SHALL BE PAID. FUNDS SHALL BE TRANSFERRED BY THE SECRETARY OF
20 THE BUDGET TO THE RESTRICTED ACCOUNT TO THE EXTENT NECESSARY TO
21 MAKE PAYMENTS UNDER THIS PARAGRAPH. FUNDS IN THE RESTRICTED
22 ACCOUNT ARE HEREBY APPROPRIATED TO CARRY OUT THE PURPOSES OF
23 THIS PARAGRAPH. THE SUBSIDY PAYMENT FROM THIS ACCOUNT SHALL BE
24 UTILIZED TO SUPPLEMENT THE OPERATIONAL BUDGET OF THE ELIGIBLE
25 SCHOOL DISTRICTS. THIS PARAGRAPH SHALL APPLY TO FISCAL YEARS
26 2000-2001, 2001-2002 [AND], 2002-2003 AND 2003-2004 AND SHALL
27 EXPIRE JUNE 30, [2003] 2004.
28 SECTION 15. SECTION 1709-B OF THE ACT, ADDED MAY 10, 2000
29 (P.L.44, NO.16), IS REENACTED TO READ:
30 SECTION 1709-B. SCHOOL IMPROVEMENT GRANTS.--(A) THE
20030H0564B2474 - 29 -
1 DEPARTMENT SHALL ESTABLISH A PROGRAM OF ANNUAL SCHOOL
2 IMPROVEMENT GRANTS FOR SCHOOL DISTRICTS ON THE EDUCATION
3 EMPOWERMENT LIST OR CERTIFIED AS AN EDUCATION EMPOWERMENT
4 DISTRICT TO ASSIST IN THE IMPLEMENTATION OF THEIR SCHOOL
5 DISTRICT IMPROVEMENT PLANS.
6 (B) GRANTS SHALL BE LIMITED TO THE AMOUNT APPROPRIATED FOR
7 THAT PURPOSE.
8 (C) GRANTS SHALL BE PROVIDED ANNUALLY TO THE SCHOOL DISTRICT
9 FOR USE AS DIRECTED BY THE SCHOOL DISTRICT EMPOWERMENT TEAM OR
10 THE BOARD OF CONTROL IN IMPLEMENTING THE SCHOOL DISTRICT
11 IMPROVEMENT PLAN DEVELOPED PURSUANT TO SECTIONS 1703-B AND 1706-
12 B AS FOLLOWS:
13 (1) TO PURCHASE INSTRUCTIONAL MATERIALS, INCLUDING
14 TEXTBOOKS, TECHNOLOGY AND RELATED EDUCATIONAL MATERIALS AND
15 SUPPLIES.
16 (2) TO REDUCE CLASS SIZE IN KINDERGARTEN THROUGH GRADE
17 THREE.
18 (3) TO ESTABLISH AFTER-SCHOOL, SUMMER AND WEEKEND PROGRAMS.
19 (4) TO ESTABLISH OR EXPAND FULL-DAY KINDERGARTEN PROGRAM.
20 (5) TO FUND CURRICULUM DEVELOPMENT.
21 (6) TO FUND ENHANCED STAFF PROFESSIONAL DEVELOPMENT.
22 (7) TO FUND ANY OTHER PROGRAM CONTAINED IN THE SCHOOL
23 DISTRICT IMPROVEMENT PLAN.
24 (D) SUBJECT TO THE REQUIREMENTS OF THIS SECTION, EACH
25 QUALIFYING SCHOOL DISTRICT SHALL RECEIVE A BASE ANNUAL GRANT OF
26 FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000) AND AN ADDITIONAL
27 GRANT OF UP TO SEVENTY-FIVE DOLLARS ($75) PER AVERAGE DAILY
28 MEMBERSHIP FOR THE PRIOR SCHOOL YEAR OF THE SCHOOL DISTRICT. THE
29 SCHOOL DISTRICT OR THE BOARD OF CONTROL SHALL GIVE PRIORITY IN
30 ALLOCATING THE GRANT FUNDING RECEIVED UNDER THIS SECTION TO THE
20030H0564B2474 - 30 -
1 INDIVIDUAL SCHOOLS IDENTIFIED PURSUANT TO SECTIONS 1703-B(B) AND
2 1706-B(B).
3 (E) THE DEPARTMENT SHALL SET FORTH THE SPECIFIC ALLOWABLE
4 USES FOR GRANT FUNDS AND PLACE CONDITIONS, AS NECESSARY, ON THE
5 USE OF GRANT FUNDS. THE DEPARTMENT SHALL ESTABLISH
6 ACCOUNTABILITY PROCEDURES AND AUDITING GUIDELINES TO ENSURE THAT
7 GRANT FUNDS ARE UTILIZED IN ACCORDANCE WITH THE ALLOWABLE USES
8 AND CONDITIONS.
9 (F) A SCHOOL DISTRICT RECEIVING A GRANT UNDER THIS SECTION
10 SHALL BE REQUIRED TO MAINTAIN SEPARATE ACCOUNTS IN THAT SCHOOL
11 DISTRICT'S BUDGET TO FACILITATE MONITORING THE USE OF THESE
12 GRANT FUNDS. IN NO CASE SHALL A SCHOOL DISTRICT USE MORE THAN
13 FIVE PER CENTUM OF THE GRANT FUNDS FOR ADMINISTRATIVE COSTS.
14 (G) THE DEPARTMENT SHALL REDUCE THE AMOUNT OF A STATE
15 SUBSIDY PAYMENT TO A SCHOOL DISTRICT BY THE AMOUNT OF ANY GRANT
16 FUNDS PROVIDED UNDER THIS SECTION IF THE SCHOOL DISTRICT DOES
17 NOT USE THE GRANT FUNDS IN ACCORDANCE WITH THE ALLOWABLE USES
18 AND CONDITIONS SET FORTH BY THE DEPARTMENT.
19 SECTION 16. SECTION 1714-B(G) OF THE ACT, ADDED MAY 10, 2000
20 (P.L.44, NO.16), IS AMENDED TO READ:
21 SECTION 1714-B. MANDATE WAIVER PROGRAM.--* * *
22 (G) THE FOLLOWING PROVISIONS OF THIS ACT SHALL NOT BE
23 SUBJECT TO WAIVER PURSUANT TO THIS SECTION: SECTIONS 108, 110,
24 111, 321, 322, 323, 324, 325, 326, 327, 431, 436, 437, 440.1,
25 443, 510, 513, 518, 527, 687, 688, 701.1, 708, 736, 737, 738,
26 739, 740, 741, 752, 753, 755, 771, 776, 777, 808, 809, 810,
27 1303(A), 1310, 1317, 1317.1, 1317.2, 1318, 1327, 1327.1, 1330,
28 1332, 1361, 1366, 1501, 1502, 1513, 1517, 1518, 1521, 1523, 1546
29 AND 1547; PROVISIONS PROHIBITING DISCRIMINATION; ARTICLES VI,
30 XI, XI-A, XII, XIII-A, XIV AND XVII-A AND THIS ARTICLE.
20030H0564B2474 - 31 -
1 * * *
2 SECTION 17. SECTION 1913-A OF THE ACT, AMENDED OR ADDED JULY
3 1, 1985 (P.L.103, NO.31), OCTOBER 20, 1988 (P.L.827, NO.110),
4 JUNE 7, 1993 (P.L.49, NO.16) AND JUNE 22, 2001 (P.L.530, NO.35),
5 IS AMENDED TO READ:
6 Section 1913-A. Financial Program; Reimbursement of
7 Payments.--(a) The plan submitted by the local sponsor shall
8 set forth a financial program for the operation of the community
9 college. The plan shall provide that the local sponsor shall
10 appropriate or provide to the community college an amount at
11 least equal to the community college's annual operating costs
12 less the student tuition as determined in section 1908-A(a) less
13 the Commonwealth's payment as determined in subsection (b)(1) of
14 this section. The plan shall also provide that one-half of the
15 annual capital expenses shall be appropriated or provided by the
16 local sponsor to the community college. The local sponsor's
17 appropriation for annual operating costs and annual capital
18 expenses may in part be represented by real or personal property
19 or services made available to the community college. The plan
20 shall indicate whether the appropriation shall come from general
21 revenues, loan funds, special tax levies or from other sources,
22 including student tuitions.
23 (b) (1) The Commonwealth shall pay to a community college
24 on behalf of the sponsor on account of its operating costs
25 during the fiscal year from funds appropriated for that purpose
26 an amount equal to:
27 (i) for the 1993-1994 fiscal year through the 2000-2001
28 fiscal year, the lesser of such college's variable State share
29 ceiling as determined in clause (1.3) or such college's
30 equivalent full-time student reimbursement as determined in
20030H0564B2474 - 32 -
1 clause (1.4); and
2 (ii) for the 2001-2002 fiscal year and each fiscal year
3 thereafter, the college's equivalent full-time student
4 reimbursement as determined in clause (1.4).
5 (1.2) The Secretary of Education, in consultation with the
6 community colleges, shall promulgate standards for credit
7 courses and for noncredit courses that will be eligible for
8 Commonwealth reimbursement. The standards shall specifically
9 exclude from eligibility for reimbursement any course or program
10 in avocational or recreational pursuits. The standards shall be
11 promulgated by the beginning of the 1994-1995 fiscal year. Until
12 such standards are promulgated, no community college will be
13 reimbursed for any credit course which was offered by such
14 college as a noncredit course during the college's 1992-1993
15 fiscal year.
16 (1.3) The variable State share ceiling of a community
17 college shall be determined as follows:
18 (i) Subtract the taxable income per person of the local
19 sponsor from the highest taxable income per person of any county
20 in the Commonwealth.
21 (ii) Divide the amount determined under subclause (i) by the
22 difference between the highest taxable income per person of any
23 county in the Commonwealth and the lowest taxable income per
24 person of any county in the Commonwealth.
25 (iii) Multiply the quotient determined under subclause (ii)
26 by one-sixth.
27 (iv) Add one-third to the product determined under paragraph
28 (iii).
29 (v) Multiply the sum determined under subclause (iv) by the
30 community college's operating costs in the year for which
20030H0564B2474 - 33 -
1 reimbursement is being claimed.
2 (vi) The taxable income per person data used in the
3 preceding calculation shall be data certified to the Secretary
4 of Education by the Secretary of Revenue under section 2501(9.1)
5 for school district local sponsors or data otherwise published
6 by the Secretary of Revenue for a municipal local sponsor.
7 (1.4) The equivalent full-time student reimbursement of a
8 community college shall be the sum of credit course, noncredit
9 course and stipend reimbursements. These reimbursements shall be
10 calculated using a reimbursement factor of one thousand and
11 forty dollars ($1,040) for the 1993-1994 fiscal year, of one
12 thousand eighty dollars ($1,080) for the 1994-1995 fiscal year
13 and of one thousand one hundred eighty dollars ($1,180) for the
14 1995-1996 fiscal year and one thousand and two hundred and ten
15 dollars ($1,210) for the 1996-1997 fiscal year and one thousand
16 two hundred sixty dollars ($1,260) for the 1997-1998 fiscal year
17 and the 1998-1999 fiscal year and one thousand three hundred
18 dollars ($1,300) for the 1999-2000 fiscal year and one thousand
19 four hundred dollars ($1,400) for the 2000-2001 fiscal year and
20 one thousand five hundred dollars ($1,500) for the 2001-2002
21 fiscal year and for each year thereafter and shall be determined
22 as follows:
23 (i) Credit course reimbursement shall be calculated by
24 multiplying the reimbursement factor by the number of equivalent
25 full-time students enrolled in credit courses as determined by
26 an audit to be made in a manner prescribed by the State Board of
27 Education. The following apply:
28 (A) Course enrollment is to be determined by the standards
29 of the community college.
30 (B) Computer-based documentation or paper-based
20030H0564B2474 - 34 -
1 documentation may be used to verify enrollment.
2 (C) Enrollment in a program of study is to be determined
3 solely by the declaration of the student.
4 (ii) Noncredit course reimbursement shall be calculated as
5 follows:
6 (A) [eighty] Eighty percent (80%) of the reimbursement
7 factor multiplied by the number of equivalent full-time students
8 enrolled in eligible noncredit courses for the 1993-1994 fiscal
9 year, as determined by the audit referred to in paragraph
10 (i)[;].
11 (B) [seventy] Seventy EXCEPT AS PROVIDED IN CHAPTER 15 OF <--
12 THE ACT OF DECEMBER 18, 2001 (P.L.949, NO.114), KNOWN AS THE
13 "WORKFORCE DEVELOPMENT ACT," SEVENTY percent (70%) of the
14 reimbursement factor multiplied by the number of equivalent
15 full-time students enrolled in eligible noncredit courses for
16 the 1994-1995 fiscal year and for each year thereafter, as
17 determined by the audit referred to in paragraph (i)[; or].
18 (C) [one] One hundred percent (100%) of the reimbursement
19 factor multiplied by the number of equivalent full-time students
20 enrolled in eligible noncredit public safety courses that
21 provide training for volunteer firefighters and emergency
22 medical services for the 1995-1996 fiscal year and for each year
23 thereafter, as determined by the audit referred to in paragraph
24 (i). In calculating the number of equivalent full-time students <--
25 enrolled in eligible noncredit courses, each fifteen hours of
26 classroom work and laboratory work shall be equated to one
27 semester credit for reimbursement purposes.
28 (D) Ninety percent (90%) of the reimbursement factor
29 multiplied by the number of full-time students enrolled in
30 eligible noncredit work force development courses; adult
20030H0564B2474 - 35 -
1 literacy courses, including, but not limited to, adult basic
2 education, the general educational development (GED) diploma and
3 English as a second language; and continuing professional
4 education courses for the 2003-2004 fiscal year and for each
5 year thereafter, as determined by the audit referred to in
6 paragraph (i). For purposes of reimbursement under this section,
7 "work force development course" shall have the meaning given in
8 section 1502 of the act of December 18, 2001 (P.L.949, No.114),
9 known as the Workforce Development Act.
10 (E) (D) A noncredit course is eligible for reimbursement if <--
11 any of the following apply:
12 (I) The course is in the area of public safety; adult basic
13 education or adult literacy; work force development;
14 occupational skills; academics; or a program for certification
15 in accordance with standards established by statute, regulation
16 or appropriate industry.
17 (II) Regardless of whether the instructor's compensation is
18 paid directly by the community college or paid by an entity that
19 contracts with the community college, the community college is
20 responsible for selecting; supervising; and, if appropriate,
21 dismissing the instructor.
22 (F) (E) Course enrollment is to be determined by the <--
23 standards of the community college.
24 (iii) Stipend reimbursement on account of a community
25 college's operating costs for all equivalent full-time students
26 enrolled in the following categories of two-year or less than
27 two-year occupational or technical programs, shall be the sum of
28 the following:
29 (A) One thousand one hundred dollars ($1,100) per full-time
30 equivalent student enrolled in advanced technology programs. For
20030H0564B2474 - 36 -
1 the fiscal year 1995-1996, 1996-1997 and 1997-1998, the
2 reimbursement rate shall be calculated at one thousand one
3 hundred seventy-five dollars ($1,175) per full-time equivalent
4 student enrolled in advanced technology programs. For the fiscal
5 year 1998-1999 and each year thereafter, the reimbursement rate
6 shall be calculated at one thousand four hundred sixty dollars
7 ($1,460) per full-time equivalent student enrolled in advanced
8 technology programs. Advanced technology programs are programs
9 using new or advanced technologies which hold promise for
10 creating new job opportunities, including such fields as
11 robotics, biotechnology, specialized materials and engineering
12 and engineering-related programs.
13 (B) One thousand dollars ($1,000) per full-time equivalent
14 student enrolled in programs designated as Statewide programs.
15 For the fiscal year 1995-1996, 1996-1997 and 1997-1998, the
16 reimbursement rate shall be calculated at one thousand seventy-
17 five dollars ($1,075) per full-time equivalent student enrolled
18 in programs designated as Statewide programs. For the fiscal
19 year 1998-1999 and each year thereafter, the reimbursement rate
20 shall be calculated at one thousand three hundred sixty dollars
21 ($1,360) per full-time equivalent student enrolled in programs
22 designated as Statewide programs. A Statewide program is a
23 program which meets one or more of the following criteria:
24 (I) Program enrollment from out-of-sponsor area is twenty
25 per cent or more of the enrollment for the program.
26 (II) A consortial arrangement exists with another community
27 college to cooperatively operate a program or share regions in
28 order to avoid unnecessary program duplication.
29 (C) Five hundred dollars ($500) per full-time equivalent
30 student enrolled in other occupational or technical programs.
20030H0564B2474 - 37 -
1 For the fiscal year 1995-1996, 1996-1997 and 1997-1998, the
2 reimbursement rate shall be calculated at five hundred seventy-
3 five dollars ($575) per full-time equivalent student enrolled in
4 other occupational or technical programs. For the fiscal year
5 1998-1999 and each year thereafter, the reimbursement rate shall
6 be calculated at eight hundred sixty dollars ($860) per full-
7 time equivalent student enrolled in other occupational or
8 technical programs.
9 (2) For the 1993-1994 fiscal year, each community college
10 shall be reimbursed under clause (1) in an amount which is at
11 least equal to a one percent (1%) increase over its 1992-1993
12 operating cost and stipend reimbursement. In no case shall a
13 community college's 1993-1994 reimbursement under clause (1) per
14 full-time equivalent student, insofar as said reimbursement does
15 not include a proportionate share attributable to stipend
16 reimbursement under clause (1.4)(iii), exceed its 1992-1993
17 operating cost reimbursement per full-time equivalent student by
18 more than ten percent (10%).
19 (2.1) For the 1994-1995 fiscal year, each community college
20 shall be reimbursed under clause (1) in an amount which is at
21 least equal to a one percent (1%) increase over its 1993-1994
22 reimbursement under clause (1). In no case shall a community
23 college's 1994-1995 reimbursement under clause (1) per full-time
24 equivalent student, insofar as said reimbursement does not
25 include the proportionate share attributable to stipend
26 reimbursement under clause (1.4)(iii), exceed its 1993-1994
27 reimbursement under clause (1) per full-time equivalent student,
28 insofar as said reimbursement does not include the proportionate
29 share attributable to stipend reimbursement under clause
30 (1.4)(iii) by more than ten percent (10%).
20030H0564B2474 - 38 -
1 (2.2) For the 1995-1996 fiscal year, each community college
2 shall be reimbursed under clause (1) in an amount which is at
3 least equal to its 1994-1995 reimbursement under clause (1).
4 (3) The [Secretary] Department of Education [annually] shall
5 [establish] promulgate regulations establishing criteria to be
6 used to determine eligibility of programs for each of the above
7 stipend categories[,]. The department shall approve programs for
8 funding [in the following fiscal year] according to these
9 [criteria and] regulations. The Secretary of Education shall
10 submit to chairmen of the committees of education in the House
11 of Representatives and Senate a report setting forth [the
12 established criteria,] any programs approved for funding under
13 these [criteria] regulations and the recipient community
14 colleges.
15 (4) Each community college shall maintain such accounting
16 and student attendance records on generally accepted auditing
17 principles and standards [as will lend themselves to
18 satisfactory audit]. Beginning with the 2003-2004 fiscal year
19 and each year thereafter, the department must complete an audit
20 of a community college for a school year within one year after
21 the completion of that school year. If the department does not
22 meet the time requirement of this clause, the community college
23 affected shall be required to forfeit reimbursement only for an
24 intentional violation or for a violation of previously cited and
25 resolved findings. The Commonwealth shall pay to a community
26 college on behalf of the sponsor on account of its capital
27 expenses an amount equal to one-half of such college's annual
28 capital expenses from funds appropriated for that purpose to the
29 extent that said capital expenses have been approved as herein
30 provided.
20030H0564B2474 - 39 -
1 (5) For purposes of determining Commonwealth reimbursement
2 of operating costs, Federally funded expenditures for those
3 programs in which the Commonwealth participates in the cost
4 shall be deducted from total operating expenditures to determine
5 net reimbursable operating costs.
6 (c) Capital expenses shall mean only such expenses as are
7 incurred with the approval of the Department of Education for
8 amortization of the purchase of lands; purchase, construction or
9 improvement of buildings for administrative and instructional
10 purposes, including libraries; the lease of lands or buildings,
11 or for rentals to an authority for the same purpose; and for the
12 purchase, lease or rental of capital equipment and furniture
13 used for instructional or administrative purposes. Capital
14 expenses shall include library books and complementary audio-
15 visual equipment purchased during the first five years after
16 establishment. For the purpose of calculating the Commonwealth's
17 share of operating, and capital costs incurred prior to the
18 actual admission of students to a community college, all such
19 costs shall be interpreted as capital costs. No costs and
20 expenses incurred in the establishment, construction, operation
21 or maintenance of dormitories, or the equipment or furnishings
22 for such purposes, shall be included in capital expenses or
23 operating costs for purposes of Commonwealth reimbursement. The
24 provisions of this subsection shall not prevent the Commonwealth
25 from reimbursing a community college for capital expenses
26 incurred prior to the effective date of this act. Such
27 reimbursement must have approval of the Secretary of Education.
28 (d) The State Board of Education shall adopt policies,
29 standards, rules and regulations for determining reimbursable
30 capital expenses and operating costs, and the Department of
20030H0564B2474 - 40 -
1 Education shall approve such expenses and costs for the purpose
2 of reimbursement by the Commonwealth.
3 (e) The State Board of Education shall apply for, receive
4 and administer, subject to any applicable regulations or laws of
5 the Federal Government or any agency thereof, any Federal
6 grants, appropriations, allocations and programs to fulfill the
7 purpose of this act.
8 (f) All administrative personnel, faculty, and other
9 employes of the community colleges in the Commonwealth shall be
10 eligible for inclusion in the Public School Employees'
11 Retirement System of Pennsylvania, the Pennsylvania State
12 Employees' Retirement System, or any independent retirement
13 program approved by the Board of Trustees of a community
14 college, and the Secretary of Education.
15 (g) The community college in the Commonwealth shall be
16 eligible for participation in the act of July 5, 1947 (P.L.1217,
17 No.498), known as the "State Public School Building Authority
18 Act," and [the act of May 2, 1945 (P.L.382, No.164), known as
19 the "Municipality Authorities Act of 1945."] 53 Pa.C.S. Ch. 56
20 (relating to municipal authorities).
21 (h) In all cases where the board of trustees of any
22 community college fails to pay or provide for the payment of any
23 rental or rentals due the State Public School Building Authority
24 or any municipality authority for any period in accordance with
25 the terms of any lease entered into between the board of
26 trustees of any community college and the State Public School
27 Building Authority or any municipality authority, or fails to
28 pay or to provide for the payment of any other indebtedness when
29 due, upon written notice thereof from the State Public School
30 Building Authority or any municipality authority, or in such
20030H0564B2474 - 41 -
1 cases where an audit reveals any unpaid indebtedness due, the
2 Secretary of Education shall notify the board of trustees of its
3 obligation and shall withhold out of any State appropriation
4 that may be due to such community college an amount equal to the
5 amount of rental or rentals owing by such board of trustees to
6 the State Public School Building Authority or any municipality
7 authority, or an amount equal to the amount of any other
8 indebtedness owing by such board of trustees, and shall pay over
9 the amount or amounts so withheld to the State Public School
10 Building Authority or any municipality authority or to
11 whomsoever any other indebtedness is due and owing.
12 (i) The amount payable to each community college Board of
13 Trustees on behalf of the sponsor shall be paid in the year in
14 which the costs and expenses are incurred in quarterly
15 installments and the Secretary of Education shall draw his
16 requisition quarterly upon the State Treasurer in favor of each
17 community college for the amount of reimbursement to which it is
18 entitled. Reimbursement or payment by the Commonwealth for the
19 operational expenses and capital equipment and the furnishings
20 shall be made on or before the end of the fiscal quarters ended
21 on September 30, December 31, March 31 and June 30 of each
22 Commonwealth fiscal year. Reimbursements or payments shall be
23 made semi-annually for the Commonwealth's share of the annual
24 rentals to an authority or the sponsor or sinking fund or debt-
25 service payments and other leases upon submission of a community
26 college requisition in the form required by the Commonwealth,
27 the reimbursement or payment to be made from funds appropriated
28 for that purpose. Money that is appropriated under this
29 subsection but not expended by a community college Board of
30 Trustees shall not be distributed to a local sponsor.
20030H0564B2474 - 42 -
1 (j) In no event shall the payments or final reimbursement
2 made by the department following audit exceed the appropriation
3 available for community colleges.
4 (k) (1) Unless otherwise prescribed by the State Board of
5 Education, the Commonwealth's fiscal audits of community
6 colleges under this section shall be conducted in accordance
7 with "Government Auditing Standards," latest revision,
8 promulgated by the United States General Accounting Office.
9 Written audit reports will be produced and will be sent to the
10 community college by the Commissioner of Postsecondary/Higher
11 Education. Any cost disallowed under findings contained in the
12 audit report shall be considered an adjudication within the
13 meaning of 2 Pa.C.S. (relating to administrative law and
14 procedure) and regulations promulgated thereunder.
15 (2) The Secretary of Education is hereby specifically
16 authorized and shall be required to resolve audit findings
17 involving disallowed costs that are contested by community
18 colleges except for audit findings that involve mathematical
19 errors, violation of regulations or alleged illegal activities.
20 The proposed resolution of the Secretary of Education shall not
21 be subject to the provisions of 2 Pa.C.S. The Secretary of
22 Education's notice to resolve audit findings shall be sent to
23 the community college in writing. The Secretary of Education may
24 resolve the audit findings by reducing the disallowed costs
25 related thereto in whole or in part.
26 (3) The Secretary of Education's notice to resolve an audit
27 finding by reducing or eliminating the disallowed costs must be
28 made contingent upon the community college developing and
29 implementing a corrective action plan to address the audit
30 finding. The community college must submit a corrective action
20030H0564B2474 - 43 -
1 plan to the Secretary of Education within 60 business days after
2 receipt of the Secretary of Education's written notice to
3 resolve the audit finding. The Secretary of Education shall
4 approve, reject or alter the plan submitted by the community
5 college within thirty (30) days of submission. After the
6 community college receives written notice of approval or agrees
7 in writing to the Secretary of Education's alterations of the
8 corrective action plan, said plan shall be implemented and shall
9 be binding on the community college. Implementation of the
10 approved or agreed upon corrective action plan will be verified
11 by an audit conducted by the department no later than the end of
12 the fiscal year following the fiscal year during which the plan
13 is implemented. If no agreed upon corrective action plan is in
14 place within one year after the date of the Secretary of
15 Education's written notice to resolve audit findings or if the
16 agreed upon corrective action has not been implemented within
17 one year after the date of the Secretary of Education's written
18 notice to resolve the audit findings, then the Secretary of
19 Education is authorized to adjust payments to the community
20 college to collect any amounts due based upon the findings
21 contained in the audit report that was issued to the college by
22 the commissioner.
23 (4) The department shall deduct any amounts due the
24 Commonwealth as a result of audit findings that are resolved
25 under this subsection from any future payment due to the
26 community college from the Commonwealth. The Secretary of
27 Education is authorized to approve a payment schedule in cases
28 where immediate repayment of the full amount due the
29 Commonwealth would jeopardize the ability of the community
30 college to continue operations.
20030H0564B2474 - 44 -
1 (5) Resolution authority provided to the Secretary of
2 Education in this subsection shall be limited to disallowed cost
3 findings relating to policy and/or administrative practices. The
4 resolution authority shall not be used for audit findings in
5 which the audited community college data and documentation is in
6 error, where a violation of applicable law or regulation is
7 found or where criminal violations are suspected by the
8 Commonwealth auditors and brought to the Secretary of
9 Education's attention in writing. Notwithstanding the
10 limitations of this subsection, until June 30, 1995, the
11 Secretary of Education is authorized to resolve audit findings
12 involving disallowed costs for fiscal years prior to and
13 including 1992-1993 when such disallowed costs result from
14 violation of regulations.
15 (6) The department, through the Secretary of Education, is
16 authorized to issue guidelines for the operation of the
17 community college educational and financial programs. The
18 department shall amend these guidelines on an annual basis to
19 reflect the department's position on issues that require
20 resolution under this subsection.
21 (7) The provisions of subsection (d) are repealed insofar as
22 they are inconsistent with the provisions of this subsection.
23 [(l) For the fiscal year 1992-1993, if insufficient funds <--
24 are appropriated to make Commonwealth payments pursuant to this
25 section, such payments shall be made on a pro rata basis.] <--
26 Section 3. The act is amended by adding a section to read: <--
27 SECTION 2 18. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: <--
28 Section 1916-A. Community College Nonmandated Capital <--
29 Fund.--(a) The Community College Nonmandated Capital Fund is
30 established as a separate fund in the State Treasury.
20030H0564B2474 - 45 -
1 (b) The sources of the fund are as follows:
2 (1) Reimbursements repaid by community colleges to the
3 Commonwealth pursuant to audits under section 1913-A and
4 regulations under that section.
5 (2) Appropriations.
6 (3) Earnings on money in the fund.
7 (c) The fund shall be used for nonmandated capital projects
8 in community colleges. Guidelines for disbursement shall be
9 developed by the Department of Education in consultation with
10 community colleges.
11 (d) The money in the fund is continuously appropriated to
12 the fund and shall not lapse at the end of any fiscal year.
13 SECTION 1916-A. NONMANDATED CAPITAL.--REIMBURSEMENTS REPAID <--
14 BY COMMUNITY COLLEGES TO THE COMMONWEALTH PURSUANT TO AUDITS
15 UNDER SECTION 1913-A AND REGULATIONS UNDER THAT SECTION SHALL BE
16 USED ONLY FOR NONMANDATED CAPITAL PROJECTS IN COMMUNITY
17 COLLEGES. GUIDELINES FOR DISBURSEMENT SHALL BE DEVELOPED BY THE
18 DEPARTMENT OF EDUCATION IN CONSULTATION WITH COMMUNITY COLLEGES.
19 SECTION 1917-A. EFFECTIVE DATE OF REGULATIONS.--REGULATIONS <--
20 PROMULGATED UNDER THIS ARTICLE SHALL TAKE EFFECT AT THE
21 BEGINNING OF THE SCHOOL YEAR FOLLOWING THEIR PROMULGATION.
22 SECTION 19. THE DEFINITIONS OF "EDUCATIONAL IMPROVEMENT <--
23 ORGANIZATION" AND "SCHOLARSHIP ORGANIZATION" IN SECTION 2002-B
24 OF THE ACT, ADDED MAY 17, 2001 (P.L.4, NO.4), ARE AMENDED TO
25 READ:
26 SECTION 2002-B. DEFINITIONS.
27 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE
28 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
29 CONTEXT CLEARLY INDICATES OTHERWISE:
30 * * *
20030H0564B2474 - 46 -
1 "EDUCATIONAL IMPROVEMENT ORGANIZATION." A NONPROFIT ENTITY
2 WHICH:
3 (1) IS EXEMPT FROM FEDERAL TAXATION UNDER SECTION
4 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW
5 99-514, 26 U.S.C. § 1 ET SEQ.); AND
6 (2) CONTRIBUTES AT LEAST 80% OF ITS ANNUAL RECEIPTS AS
7 GRANTS TO A PUBLIC SCHOOL FOR INNOVATIVE EDUCATIONAL
8 PROGRAMS.
9 FOR PURPOSES OF THIS DEFINITION, A NONPROFIT ENTITY
10 "CONTRIBUTES" ITS ANNUAL CASH RECEIPTS WHEN IT EXPENDS OR
11 OTHERWISE IRREVOCABLY ENCUMBERS THOSE FUNDS FOR EXPENDITURE
12 DURING THE THEN CURRENT FISCAL YEAR OF THE NONPROFIT ENTITY OR
13 DURING THE NEXT SUCCEEDING FISCAL YEAR OF THE NONPROFIT ENTITY.
14 * * *
15 "SCHOLARSHIP ORGANIZATION." A NONPROFIT ENTITY WHICH:
16 (1) IS EXEMPT FROM FEDERAL TAXATION UNDER SECTION
17 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW
18 99-514, 26 U.S.C. § 1 ET SEQ.); AND
19 (2) CONTRIBUTES AT LEAST 80% OF ITS ANNUAL CASH RECEIPTS
20 TO A SCHOLARSHIP PROGRAM.
21 FOR PURPOSES OF THIS DEFINITION, A NONPROFIT ENTITY
22 "CONTRIBUTES" ITS ANNUAL CASH RECEIPTS TO A SCHOLARSHIP PROGRAM
23 WHEN IT EXPENDS OR OTHERWISE IRREVOCABLY ENCUMBERS THOSE FUNDS
24 FOR DISTRIBUTION DURING THE THEN CURRENT FISCAL YEAR OF THE
25 NONPROFIT ENTITY OR DURING THE NEXT SUCCEEDING FISCAL YEAR OF
26 THE NONPROFIT ENTITY.
27 * * *
28 SECTION 20. SECTION 2006-B OF THE ACT, ADDED MAY 17, 2001
29 (P.L.4, NO.4), IS AMENDED TO READ:
30 SECTION 2006-B. LIMITATIONS.
20030H0564B2474 - 47 -
1 (A) AMOUNT.--THE TOTAL AGGREGATE AMOUNT OF ALL TAX CREDITS
2 APPROVED SHALL NOT EXCEED [$30,000,000] $36,000,000 IN A FISCAL
3 YEAR. NO LESS THAN [$20,000,000] $24,000,000 OF THE TOTAL
4 AGGREGATE AMOUNT SHALL BE USED TO PROVIDE TAX CREDITS FOR
5 CONTRIBUTIONS FROM BUSINESS FIRMS TO SCHOLARSHIP ORGANIZATIONS.
6 NO LESS THAN [$10,000,000] $12,000,000 OF THE TOTAL AGGREGATE
7 AMOUNT SHALL BE USED TO PROVIDE TAX CREDITS FOR CONTRIBUTIONS
8 FROM BUSINESS FIRMS TO EDUCATIONAL IMPROVEMENT ORGANIZATIONS.
9 (B) ACTIVITIES.--NO TAX CREDIT SHALL BE APPROVED FOR
10 ACTIVITIES THAT ARE A PART OF A BUSINESS FIRM'S NORMAL COURSE OF
11 BUSINESS.
12 (C) TAX LIABILITY.--A TAX CREDIT GRANTED FOR ANY ONE TAXABLE
13 YEAR MAY NOT EXCEED THE TAX LIABILITY OF A BUSINESS FIRM.
14 (D) USE.--A TAX CREDIT NOT USED IN THE TAXABLE YEAR THE
15 CONTRIBUTION WAS MADE MAY NOT BE CARRIED FORWARD OR CARRIED BACK
16 AND IS NOT REFUNDABLE OR TRANSFERABLE.
17 (E) NONTAXABLE INCOME.--A SCHOLARSHIP RECEIVED BY AN
18 ELIGIBLE STUDENT SHALL NOT BE CONSIDERED TO BE TAXABLE INCOME
19 FOR THE PURPOSES OF ARTICLE III OF THE ACT OF MARCH 4, 1971
20 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971.
21 SECTION 21. SECTION 2502.8 OF THE ACT, AMENDED JUNE 22, 2001
22 (P.L.530, NO. 35), IS REENACTED TO READ:
23 SECTION 2502.8. PAYMENTS ON ACCOUNT OF PUPILS ENROLLED IN
24 VOCATIONAL CURRICULUMS.--(A) FOR THE PURPOSE OF REIMBURSEMENT
25 IN ACCORDANCE WITH THIS SECTION, VOCATIONAL CURRICULUMS ARE
26 AGRICULTURE EDUCATION, DISTRIBUTIVE EDUCATION, HEALTH
27 OCCUPATIONS EDUCATION, HOME ECONOMICS EDUCATION (GAINFUL),
28 BUSINESS EDUCATION, TECHNICAL EDUCATION, TRADE AND INDUSTRIAL
29 EDUCATION, OR ANY OTHER OCCUPATIONAL ORIENTED PROGRAM APPROVED
30 BY THE SECRETARY OF EDUCATION.
20030H0564B2474 - 48 -
1 (B) FOR THE 1981-1982 SCHOOL YEAR THROUGH THE 1984-1985
2 SCHOOL YEAR, EACH SCHOOL DISTRICT SO ENTITLED SHALL BE PAID, IN
3 ADDITION TO ANY OTHER SUBSIDY TO WHICH IT IS ENTITLED, AN AMOUNT
4 ON ACCOUNT OF RESIDENT PUPILS ENROLLED IN VOCATIONAL
5 CURRICULUMS; FOR THE 1985-1986 SCHOOL YEAR THROUGH THE 1999-2000
6 SCHOOL YEAR, EACH SCHOOL DISTRICT AND AREA VOCATIONAL-TECHNICAL
7 SCHOOL SHALL BE PAID AN AMOUNT ON ACCOUNT OF STUDENTS ENROLLED
8 IN VOCATIONAL CURRICULUMS; FOR THE 2000-2001 SCHOOL YEAR AND
9 EACH SCHOOL YEAR THEREAFTER, EACH SCHOOL DISTRICT, AREA
10 VOCATIONAL-TECHNICAL SCHOOL AND CHARTER SCHOOL SHALL BE PAID AN
11 AMOUNT ON ACCOUNT OF STUDENTS ENROLLED IN VOCATIONAL
12 CURRICULUMS, DETERMINED AS FOLLOWS:
13 (1) DETERMINE THE INCREASE IN THE WEIGHTED AVERAGE DAILY
14 MEMBERSHIP BY MULTIPLYING THE NUMBER OF STUDENTS IN AVERAGE
15 DAILY MEMBERSHIP IN VOCATIONAL CURRICULUMS IN AREA VOCATIONAL-
16 TECHNICAL SCHOOLS BY TWENTY-ONE HUNDREDTHS (.21) AND THE NUMBER
17 OF STUDENTS IN AVERAGE DAILY MEMBERSHIP IN SCHOOL DISTRICT AND
18 CHARTER SCHOOL VOCATIONAL CURRICULUMS BY SEVENTEEN HUNDREDTHS
19 (.17).
20 (2) MULTIPLY THE LESSER OF THE DISTRICT'S ACTUAL INSTRUCTION
21 EXPENSE PER WEIGHTED AVERAGE DAILY MEMBERSHIP OR THE BASE EARNED
22 FOR REIMBURSEMENT BY THE MARKET VALUE/INCOME AID RATIO OR BY
23 THREE HUNDRED SEVENTY-FIVE THOUSANDTHS (.375), WHICHEVER IS
24 GREATER.
25 (3) MULTIPLY THE INCREASE IN WEIGHTED AVERAGE DAILY
26 MEMBERSHIP DETERMINED IN CLAUSE (1) BY THE RESULT OF CLAUSE (2).
27 (4) FOR THE 1985-1986 THROUGH 1999-2000 SCHOOL YEARS, THE
28 COMMONWEALTH SHALL PAY THE AMOUNT REQUIRED BY THIS SECTION TO
29 THE SCHOOL DISTRICT OR AREA VOCATIONAL-TECHNICAL SCHOOL WHICH
30 PROVIDES THE PROGRAM UPON WHICH REIMBURSEMENT IS BASED.
20030H0564B2474 - 49 -
1 (5) FOR THE 2000-2001 SCHOOL YEAR AND EACH SCHOOL YEAR
2 THEREAFTER, THE COMMONWEALTH SHALL PAY THE AMOUNT REQUIRED UNDER
3 THIS SECTION TO THE SCHOOL DISTRICT, AREA VOCATIONAL-TECHNICAL
4 SCHOOL OR CHARTER SCHOOL WHICH PROVIDES THE PROGRAMS UPON WHICH
5 REIMBURSEMENT IS BASED.
6 (C) FOR THE SCHOOL YEAR 1998-1999, ANY ADDITIONAL FUNDING
7 PROVIDED BY THE COMMONWEALTH OVER THE AMOUNT PROVIDED FOR THE
8 SCHOOL YEAR 1997-1998 WILL BE DISTRIBUTED TO AREA VOCATIONAL-
9 TECHNICAL SCHOOLS AND TO SCHOOL DISTRICTS WITH EIGHT (8) OR MORE
10 VOCATIONAL PROGRAMS BASED ON SUBSECTION (B).
11 (D) FOR THE SCHOOL YEAR 1999-2000, ANY ADDITIONAL FUNDING
12 PROVIDED BY THE COMMONWEALTH OVER THE AMOUNT PROVIDED FOR THE
13 SCHOOL YEAR 1998-1999 WILL BE DISTRIBUTED TO AREA VOCATIONAL-
14 TECHNICAL SCHOOLS, TO SCHOOL DISTRICTS WITH EIGHT (8) OR MORE
15 VOCATIONAL PROGRAMS AND TO SCHOOL DISTRICTS OFFERING A
16 VOCATIONAL AGRICULTURAL EDUCATION PROGRAM, BASED ON SUBSECTION
17 (B).
18 (E) FOR THE SCHOOL YEAR 2000-2001 AND EACH SCHOOL YEAR
19 THEREAFTER, ANY ADDITIONAL FUNDING PROVIDED BY THE COMMONWEALTH
20 OVER THE AMOUNT PROVIDED FOR THE SCHOOL YEAR 1998-1999 WILL BE
21 DISTRIBUTED TO AREA VOCATIONAL-TECHNICAL SCHOOLS, TO SCHOOL
22 DISTRICTS AND CHARTER SCHOOLS WITH EIGHT (8) OR MORE VOCATIONAL
23 PROGRAMS AND TO SCHOOL DISTRICTS AND CHARTER SCHOOLS OFFERING A
24 VOCATIONAL AGRICULTURAL EDUCATION PROGRAM BASED ON SUBSECTION
25 (B).
26 SECTION 22. SECTION 2502.13 OF THE ACT, AMENDED JUNE 29,
27 2002 (P.L.524, NO.88), IS AMENDED TO READ:
28 SECTION 2502.13. SMALL DISTRICT ASSISTANCE.--FOR THE 1984-
29 1985 AND 1985-1986 SCHOOL YEARS, THE COMMONWEALTH SHALL PAY TO
30 EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF
20030H0564B2474 - 50 -
1 ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AND HAS A MARKET
2 VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000)
3 OR GREATER, AN AMOUNT EQUAL TO FIFTY DOLLARS ($50) MULTIPLIED BY
4 THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE 1985-1986
5 SCHOOL YEAR, NO SCHOOL DISTRICT SHALL RECEIVE LESS ON ACCOUNT OF
6 THIS SECTION THAN IT DID FOR THE 1984-1985 SCHOOL YEAR. FOR THE
7 SCHOOL YEAR 1986-1987, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL
8 DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND
9 FIVE HUNDRED (1,500) OR LESS AND HAS A MARKET VALUE/INCOME AID
10 RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, OR
11 RECEIVED PAYMENTS UNDER THIS SECTION FOR THE 1985-1986 SCHOOL
12 YEAR, AN AMOUNT EQUAL TO SEVENTY-FIVE DOLLARS ($75) MULTIPLIED
13 BY THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE SCHOOL YEAR
14 1987-1988, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT
15 WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE
16 HUNDRED (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF
17 FIVE THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, OR RECEIVED
18 PAYMENTS UNDER THIS SECTION FOR THE 1986-1987 SCHOOL YEAR, AN
19 AMOUNT EQUAL TO EIGHTY-FIVE DOLLARS ($85) MULTIPLIED BY THAT
20 DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE SCHOOL YEAR 1988-
21 1989, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT WHICH
22 HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED
23 (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF FIVE
24 THOUSAND TEN THOUSANDTHS (0.5000) OR GREATER, OR RECEIVED
25 PAYMENTS UNDER THIS SECTION FOR THE 1987-1988 OR 1988-1989
26 SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED FIVE DOLLARS ($105).
27 FOR THE SCHOOL YEAR 1989-1990, THE COMMONWEALTH SHALL PAY TO
28 EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF
29 ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AND A MARKET
30 VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS (0.5000)
20030H0564B2474 - 51 -
1 OR GREATER, OR RECEIVED PAYMENTS UNDER THIS SECTION FOR THE
2 1987-1988 SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED FIFTEEN
3 DOLLARS ($115) MULTIPLIED BY THE DISTRICT'S AVERAGE DAILY
4 MEMBERSHIP AS PROVIDED FOR IN SECTION 212 OF THE ACT OF JULY 1,
5 1990 (P.L.1591, NO.7A), KNOWN AS THE "GENERAL APPROPRIATION ACT
6 OF 1990." FOR THE SCHOOL YEAR 1990-1991, 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 PRIOR SCHOOL YEAR, AN AMOUNT EQUAL TO ONE HUNDRED SEVENTY
12 DOLLARS ($170) MULTIPLIED BY THAT DISTRICT'S AVERAGE DAILY
13 MEMBERSHIP. FOR THE SCHOOL YEAR 1990-1991, EACH SCHOOL DISTRICT
14 WITH A POPULATION PER SQUARE MILE OF LESS THAN NINETY (90),
15 WHICH OTHERWISE MEETS THE AVERAGE DAILY MEMBERSHIP AND MARKET
16 VALUE/INCOME AID RATIO REQUIREMENTS OF THIS SECTION, OR RECEIVED
17 PAYMENTS UNDER THIS SECTION FOR THE PRIOR SCHOOL YEAR, SHALL
18 INSTEAD RECEIVE AN AMOUNT EQUAL TO ONE HUNDRED NINETY DOLLARS
19 ($190) MULTIPLIED BY THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP.
20 FOR THE 1987-1988 SCHOOL YEAR THROUGH THE 1990-1991 SCHOOL YEAR,
21 NO SCHOOL DISTRICT SHALL RECEIVE LESS ON ACCOUNT OF THIS SECTION
22 THAN IT DID FOR THE PRIOR SCHOOL YEAR. FOR THE SCHOOL YEAR 1994-
23 1995, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT WHICH
24 HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE HUNDRED
25 (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF FIVE
26 THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER, AN AMOUNT EQUAL TO
27 NINETY FIVE DOLLARS ($95) MULTIPLIED BY THAT DISTRICT'S AVERAGE
28 DAILY MEMBERSHIP. FOR EACH OF THE SCHOOL YEARS 1997-1998 THROUGH
29 1999-2000, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT
30 WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF ONE THOUSAND FIVE
20030H0564B2474 - 52 -
1 HUNDRED (1,500) OR LESS AND A MARKET VALUE/INCOME AID RATIO OF
2 FIVE THOUSAND TEN-THOUSANDTHS (0.5000) OR GREATER AN AMOUNT
3 EQUAL TO SEVENTY-FIVE DOLLARS ($75) MULTIPLIED BY THAT
4 DISTRICT'S AVERAGE DAILY MEMBERSHIP. FOR THE SCHOOL YEARS 2000-
5 2001 [AND], 2001-2002 AND 2002-2003, THE COMMONWEALTH SHALL PAY
6 TO EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY MEMBERSHIP OF
7 ONE THOUSAND FIVE HUNDRED (1,500) OR LESS AN AMOUNT EQUAL TO
8 SEVENTY-FIVE DOLLARS ($75) MULTIPLIED BY THAT DISTRICT'S AVERAGE
9 DAILY MEMBERSHIP.
10 SECTION 23. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
11 SECTION 2502.41. BASIC EDUCATION FUNDING FOR 2002-2003
12 SCHOOL YEAR.--FOR THE 2002-2003 SCHOOL YEAR, THE COMMONWEALTH
13 SHALL PAY TO EACH SCHOOL DISTRICT A BASIC EDUCATION FUNDING
14 ALLOCATION WHICH SHALL CONSIST OF THE FOLLOWING:
15 (1) AN AMOUNT EQUAL TO THE BASIC EDUCATION FUNDING
16 ALLOCATION FOR THE 2001-2002 SCHOOL YEAR PURSUANT TO SECTIONS
17 2502.13 AND 2502.40.
18 (2) A BASE SUPPLEMENT CALCULATED AS FOLLOWS:
19 (I) MULTIPLY THE SCHOOL DISTRICT'S 2003-2004 MARKET
20 VALUE/INCOME AID RATIO BY ITS 2002-2003 AVERAGE DAILY
21 MEMBERSHIP.
22 (II) MULTIPLY THE PRODUCT FROM SUBPARAGRAPH (I) BY FIFTY
23 MILLION DOLLARS ($50,000,000).
24 (III) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (II) BY THE SUM
25 OF THE PRODUCTS OF THE 2003-2004 MARKET VALUE/INCOME AID RATIO
26 MULTIPLIED BY THE 2002-2003 AVERAGE DAILY MEMBERSHIP FOR ALL
27 SCHOOL DISTRICTS.
28 (3) A POVERTY SUPPLEMENT CALCULATED FOR QUALIFYING SCHOOL
29 DISTRICTS AS FOLLOWS:
30 (I) TO QUALIFY FOR THE POVERTY SUPPLEMENT, A SCHOOL
20030H0564B2474 - 53 -
1 DISTRICT'S 2003-2004 MARKET VALUE/INCOME AID RATIO SHALL BE
2 EQUAL TO OR GREATER THAN 0.6500 AND ITS PERSONAL INCOME
3 VALUATION WHEN DIVIDED BY ITS 2002-2003 AVERAGE DAILY MEMBERSHIP
4 SHALL BE EQUAL TO OR LESS THAN ONE HUNDRED THREE THOUSAND FIVE
5 HUNDRED SEVENTY-ONE DOLLARS ($103,571).
6 (II) THE POVERTY SUPPLEMENT SHALL BE CALCULATED FOR
7 QUALIFYING SCHOOL DISTRICTS AS FOLLOWS:
8 (A) MULTIPLY THE SCHOOL DISTRICT'S 2002-2003 AVERAGE DAILY
9 MEMBERSHIP BY THIRTY MILLION DOLLARS ($30,000,000).
10 (B) DIVIDE THE PRODUCT FROM CLAUSE (A) BY THE SUM OF THE
11 2002-2003 AVERAGE DAILY MEMBERSHIP FOR ALL QUALIFYING SCHOOL
12 DISTRICTS.
13 (4) A TAX EFFORT SUPPLEMENT CALCULATED FOR QUALIFYING SCHOOL
14 DISTRICTS AS FOLLOWS:
15 (I) TO QUALIFY FOR THE TAX EFFORT SUPPLEMENT, A SCHOOL
16 DISTRICT'S 2001 EQUALIZED MILLAGE MUST BE EQUAL TO OR GREATER
17 THAN 20.6 EQUALIZED MILLS.
18 (II) THE TAX EFFORT SUPPLEMENT SHALL BE CALCULATED FOR
19 QUALIFYING SCHOOL DISTRICTS AS FOLLOWS:
20 (A) MULTIPLY THE SCHOOL DISTRICT'S 2002-2003 AVERAGE DAILY
21 MEMBERSHIP BY FIFTEEN MILLION DOLLARS ($15,000,000).
22 (B) DIVIDE THE PRODUCT FROM CLAUSE (A) BY THE SUM OF THE
23 2002-2003 AVERAGE DAILY MEMBERSHIP FOR ALL QUALIFYING SCHOOL
24 DISTRICTS.
25 (5) A GROWTH SUPPLEMENT CALCULATED FOR QUALIFYING SCHOOL
26 DISTRICTS AS FOLLOWS:
27 (I) TO QUALIFY FOR THE GROWTH SUPPLEMENT, A SCHOOL
28 DISTRICT'S 2002-2003 AVERAGE DAILY MEMBERSHIP MUST BE GREATER
29 THAN ITS 2001-2002 AVERAGE DAILY MEMBERSHIP.
30 (II) THE GROWTH SUPPLEMENT SHALL BE CALCULATED FOR
20030H0564B2474 - 54 -
1 QUALIFYING SCHOOL DISTRICTS AS FOLLOWS:
2 (A) SUBTRACT THE SCHOOL DISTRICT'S 2001-2002 AVERAGE DAILY
3 MEMBERSHIP FROM ITS 2002-2003 AVERAGE DAILY MEMBERSHIP.
4 (B) MULTIPLY THE DIFFERENCE FROM CLAUSE (A) BY FIVE MILLION
5 DOLLARS ($5,000,000).
6 (C) DIVIDE THE PRODUCT FROM CLAUSE (B) BY THE SUM OF THE
7 DIFFERENCES FROM CLAUSE (A) FOR ALL QUALIFYING SCHOOL DISTRICTS.
8 (6) EACH SCHOOL DISTRICT SHALL RECEIVE ADDITIONAL FUNDING AS
9 NECESSARY SO THAT THE SUM OF THE AMOUNTS UNDER SECTION 2502.13
10 AND UNDER PARAGRAPHS (2), (3), (4), (5) AND THIS PARAGRAPH WILL
11 EQUAL AT LEAST TWO PERCENT (2%) OF THE AMOUNT IN PARAGRAPH (1).
12 SECTION 24. SECTIONS 2509.1 AND 2509.5 OF THE ACT ARE
13 AMENDED BY ADDING SUBSECTIONS TO READ:
14 SECTION 2509.1. PAYMENTS TO INTERMEDIATE UNITS.--* * *
15 (B.11) UP TO NINE MILLION FIVE HUNDRED THOUSAND DOLLARS
16 ($9,500,000) MAY BE UTILIZED FOR PROGRAMS ADMINISTERED AND
17 OPERATED BY INTERMEDIATE UNITS DURING THE 2003-2004 SCHOOL YEAR
18 FOR INSTITUTIONALIZED CHILDREN AS ESTABLISHED IN SUBSECTION
19 (B.1).
20 * * *
21 SECTION 2509.5. SPECIAL EDUCATION PAYMENTS TO SCHOOL
22 DISTRICTS.--* * *
23 (LL) DURING THE 2003-2004 SCHOOL YEAR, EACH SCHOOL DISTRICT
24 SHALL BE PAID THE AMOUNT IT RECEIVED DURING THE 2002-2003 SCHOOL
25 YEAR UNDER SUBSECTION (KK).
26 (MM) DURING THE 2003-2004 SCHOOL YEAR, THIRTY-SIX MILLION
27 ONE HUNDRED FORTY-NINE THOUSAND FIVE HUNDRED EIGHTY-SEVEN
28 DOLLARS ($36,149,587) OF THE FUNDS APPROPRIATED TO THE
29 DEPARTMENT OF EDUCATION FOR SPECIAL EDUCATION SHALL BE USED TO
30 PROVIDE SUPPLEMENTAL FUNDING FOR SPECIAL EDUCATION TO ALL SCHOOL
20030H0564B2474 - 55 -
1 DISTRICTS. THE SUPPLEMENTAL FUNDING SHALL BE CALCULATED AS
2 FOLLOWS:
3 (1) MULTIPLY EACH SCHOOL DISTRICT'S 2003-2004 MARKET
4 VALUE/INCOME AID RATIO BY SIXTEEN PER CENTUM (16%) OF ITS 2002-
5 2003 AVERAGE DAILY MEMBERSHIP;
6 (2) MULTIPLY THE PRODUCT FROM PARAGRAPH (1) BY THIRTY-SIX
7 MILLION ONE HUNDRED FORTY-NINE THOUSAND FIVE HUNDRED EIGHTY-
8 SEVEN DOLLARS ($36,149,587); AND
9 (3) DIVIDE THE RESULTANT PRODUCT FROM PARAGRAPH (2) BY THE
10 SUM OF THE PRODUCTS OF THE 2003-2004 MARKET VALUE/INCOME AID
11 RATIO MULTIPLIED BY SIXTEEN PER CENTUM (16%) OF THE 2002-2003
12 AVERAGE DAILY MEMBERSHIP FOR ALL SCHOOL DISTRICTS.
13 SECTION 25. SECTION 2591.1 OF THE ACT, ADDED JUNE 29, 2002
14 (P.L.524, NO.88), IS AMENDED TO READ:
15 SECTION 2591.1. COMMONWEALTH REIMBURSEMENTS FOR CHARTER
16 SCHOOLS AND CYBER CHARTER SCHOOLS.--(A) FOR THE 2001-2002
17 SCHOOL YEAR, THE COMMONWEALTH SHALL PAY TO EACH SCHOOL DISTRICT
18 WITH RESIDENT STUDENTS ENROLLED IN A CHARTER SCHOOL, A CHARTER
19 SCHOOL APPROVED UNDER SECTION 1717-A OR 1718-A WHICH PROVIDES
20 INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC MEANS OR A
21 CYBER CHARTER SCHOOL AS DEFINED PURSUANT TO ARTICLE XVII-A AN
22 AMOUNT EQUAL TO THIRTY PERCENT (30%) OF THE TOTAL FUNDING
23 REQUIRED UNDER SECTION 1725-A(A). IF INSUFFICIENT FUNDS ARE
24 APPROPRIATED TO MAKE COMMONWEALTH REIMBURSEMENTS UNDER THIS
25 SECTION, THE REIMBURSEMENTS SHALL BE MADE ON A PRO RATA BASIS.
26 (B) FOR THE 2002-2003 SCHOOL YEAR, THE COMMONWEALTH SHALL
27 PAY TO EACH SCHOOL DISTRICT THAT RECEIVED FUNDING UNDER
28 SUBSECTION (A) FOR THE 2001-2002 SCHOOL YEAR AND THAT HAD
29 RESIDENT STUDENTS ENROLLED IN A CHARTER SCHOOL, A CHARTER SCHOOL
30 APPROVED UNDER SECTION 1717-A OR 1718-A WHICH PROVIDES
20030H0564B2474 - 56 -
1 INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC MEANS OR A
2 CYBER CHARTER SCHOOL AS DEFINED UNDER ARTICLE XVII-A DURING THE
3 2002-2003 SCHOOL YEAR AN AMOUNT EQUAL TO THE LESSER OF:
4 (1) THE PAYMENT RECEIVED FOR THE 2001-2002 SCHOOL YEAR
5 PURSUANT TO SUBSECTION (A); OR
6 (2) THIRTY PERCENT (30%) OF THE TOTAL FUNDING REQUIRED UNDER
7 SECTION 1725-A(A).
8 (C) FOR THE 2002-2003 SCHOOL YEAR, THE COMMONWEALTH SHALL
9 PAY TO EACH SCHOOL DISTRICT THAT DID NOT RECEIVE FUNDING UNDER
10 SUBSECTION (A) FOR THE 2001-2002 SCHOOL YEAR AND THAT HAD
11 RESIDENT STUDENTS ENROLLED IN A CHARTER SCHOOL, A CHARTER SCHOOL
12 APPROVED UNDER SECTION 1717-A OR 1718-A WHICH PROVIDES
13 INSTRUCTION THROUGH THE INTERNET OR OTHER ELECTRONIC MEANS OR A
14 CYBER CHARTER SCHOOL AS DEFINED UNDER ARTICLE XVII-A DURING THE
15 2002-2003 SCHOOL YEAR AN AMOUNT EQUAL TO THIRTY PERCENT (30%) OF
16 THE TOTAL FUNDING REQUIRED UNDER SECTION 1725-A(A).
17 SECTION 26. SECTION 2603-B(D)(10) OF THE ACT, ADDED JUNE 29,
18 2002 (P.L.524, NO.88), IS REENACTED AND AMENDED TO READ:
19 SECTION 2603-B. POWERS AND DUTIES OF THE BOARD.--* * *
20 (D) THE BOARD SHALL ALSO HAVE THE AUTHORITY AND DUTY TO:
21 * * *
22 (10) (I) APPROVE OR DISAPPROVE STANDARDS PROPOSED BY THE
23 DEPARTMENT IN ORDER TO COMPLY WITH THE PROVISIONS OF THE NO
24 CHILD LEFT BEHIND ACT OF 2001 (PUBLIC LAW 107-110, 115 STAT.
25 1425) TO MAINTAIN THE ELIGIBILITY OF THIS COMMONWEALTH TO
26 RECEIVE FEDERAL FUNDING FOR EDUCATION PROGRAMS. THE BOARD SHALL
27 APPROVE OR DISAPPROVE THE STANDARDS WITHIN 30 DAYS OF SUBMISSION
28 TO THE BOARD'S OFFICE OR AT ITS NEXT SCHEDULED MEETING,
29 WHICHEVER IS SOONER. FAILURE OF THE BOARD TO APPROVE OR
30 DISAPPROVE THE STANDARDS WITHIN THE TIME ESTABLISHED UNDER THIS
20030H0564B2474 - 57 -
1 SECTION SHALL BE DEEMED AN APPROVAL OF THE STANDARDS.
2 (II) STANDARDS PROMULGATED UNDER THIS SECTION SHALL BE
3 DEPOSITED WITH THE PENNSYLVANIA BULLETIN FOR PUBLICATION.
4 (III) THESE STANDARDS SHALL BE EXEMPT FROM:
5 (A) SECTIONS 201 THROUGH 205 OF THE ACT OF JULY 31, 1968
6 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH DOCUMENTS
7 LAW.
8 (B) SECTION 204(B) OF THE ACT OF OCTOBER 15, 1980 (P.L.950,
9 NO.164), KNOWN AS THE "COMMONWEALTH ATTORNEYS ACT."
10 (C) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE
11 "REGULATORY REVIEW ACT."
12 (D) THIS SUBCLAUSE SHALL EXPIRE [JUNE 30, 2003] DECEMBER 31,
13 2003.
14 * * *
15 Section 4 3 27. The following provisions of 22 Pa. Code are <--
16 abrogated:
17 (1) Section 35.61(f)(2).
18 (2) Section 335.22(3).
19 Section 5 4. This act shall take effect in 60 days <--
20 IMMEDIATELY. <--
21 SECTION 28. THE FOLLOWING AMOUNTS ARE HEREBY APPROPRIATED <--
22 FROM THE GENERAL FUND TO THE DEPARTMENT OF EDUCATION FOR THE
23 FISCAL PERIOD JULY 1, 2003, TO JUNE 30, 2004, AS FOLLOWS:
24 (1) THE SUM OF $25,000,000 IS HEREBY APPROPRIATED FOR
25 PAYMENTS TO ANY SCHOOL DISTRICT OF THE FIRST CLASS WHICH HAS
26 BEEN DECLARED DISTRESSED PURSUANT TO SECTION 691(C) OF THE
27 ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC
28 SCHOOL CODE OF 1949, PROVIDED THAT SUCH SCHOOL DISTRICT
29 SUBMITS A QUARTERLY ITEMIZATION OF ALL FEDERAL, STATE AND
30 LOCAL FUNDS DISTRIBUTED TO EACH SCHOOL IN THE SCHOOL
20030H0564B2474 - 58 -
1 DISTRICT, INCLUDING SCHOOLS GOVERNED BY AGREEMENTS CURRENTLY
2 IN EFFECT PURSUANT TO SECTION 696(I)(2) OF THE PUBLIC SCHOOL
3 CODE OF 1949 AND SCHOOLS DESIGNATED AS PARTNERSHIP SCHOOLS
4 UNDER THE SCHOOL REFORM COMMISSION RESOLUTION NUMBER 10 OF
5 APRIL 17, 2002, TO THE DEPARTMENT OF EDUCATION AND TO THE
6 CHAIRMAN AND MINORITY CHAIRMAN OF THE EDUCATION COMMITTEE OF
7 THE SENATE AND TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE
8 EDUCATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES. IF THE
9 DEPARTMENT OF EDUCATION DETERMINES THAT THE REPORT IS NOT
10 BEING SUBMITTED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS
11 PARAGRAPH, THE DEPARTMENT OF EDUCATION SHALL WITHHOLD FROM
12 ANY AND ALL PAYMENTS TO WHICH THAT SCHOOL DISTRICT OF THE
13 FIRST CLASS MAY BE ENTITLED UNDER THE ACT AN AMOUNT EQUAL TO
14 THE FUNDS RECEIVED FROM THIS APPROPRIATION.
15 (2) THE SUM OF $15,000,000 IS HEREBY APPROPRIATED FOR
16 THE HEAD START SUPPLEMENTAL ASSISTANCE PROGRAM ESTABLISHED
17 UNDER ARTICLE XV-D OF THE PUBLIC SCHOOL CODE OF 1949.
18 (3) THE SUM OF $56,762,000 IS HEREBY APPROPRIATED FOR
19 PAYMENTS ON ACCOUNT OF VOCATIONAL EDUCATION AS PROVIDED FOR
20 UNDER SECTION 2502.8 OF THE PUBLIC SCHOOL CODE OF 1949,
21 PROVIDED THAT ANY AMOUNTS EXPENDED BY THE DEPARTMENT OF
22 EDUCATION PURSUANT TO THE FORMER STATE APPROPRIATION IN THE
23 AMOUNT OF $55,378,000 FOR VOCATIONAL EDUCATION UNDER SECTION
24 212 OF THE ACT OF MARCH 20, 2003 (P.L. , NO.1A), KNOWN AS
25 THE GENERAL APPROPRIATION ACT OF 2003, SHALL BE DEDUCTED FROM
26 THE SUM APPROPRIATED IN THIS PARAGRAPH.
27 (4) THE SUM OF $895,177,000 IS HEREBY APPROPRIATED FOR
28 PAYMENTS ON ACCOUNT OF SPECIAL EDUCATION OF EXCEPTIONAL
29 CHILDREN, PROVIDED THAT THIS AMOUNT INCLUDES $563,000 FOR
30 COMMUNITY SUPPORT SERVICES WHICH IS NOT TO BE INCLUDED IN THE
20030H0564B2474 - 59 -
1 BASE CALCULATIONS OF THE SPECIAL EDUCATION PROGRAM
2 COMPONENTS, AND PROVIDED FURTHER THAT ANY AMOUNTS EXPENDED BY
3 THE DEPARTMENT OF EDUCATION PURSUANT TO THE FORMER STATE
4 APPROPRIATION IN THE AMOUNT OF $874,319,000 FOR PAYMENTS ON
5 ACCOUNT OF SPECIAL EDUCATION OF EXCEPTIONAL CHILDREN UNDER
6 SECTION 212 OF THE GENERAL APPROPRIATION ACT OF 2003 SHALL BE
7 DEDUCTED FROM THE SUM APPROPRIATED IN THIS PARAGRAPH.
8 (5) THE SUM OF $4,204,407,000 IS HEREBY APPROPRIATED FOR
9 BASIC EDUCATION FUNDING TO SCHOOL DISTRICTS, PROVIDED THAT
10 THE SECRETARY OF EDUCATION, WITH THE APPROVAL OF THE
11 GOVERNOR, MAY MAKE PAYMENTS FROM THIS APPROPRIATION IN
12 ADVANCE OF THE DUE DATE PRESCRIBED BY LAW TO SCHOOL DISTRICTS
13 WHICH ARE FINANCIALLY HANDICAPPED WHENEVER THE SECRETARY OF
14 EDUCATION SHALL DEEM IT NECESSARY TO MAKE SUCH ADVANCE
15 PAYMENTS TO ENABLE THE SCHOOL DISTRICTS TO KEEP THEIR SCHOOLS
16 OPEN.
17 (6) THE SUM OF $26,249,000 IS HEREBY APPROPRIATED FOR
18 PAYMENTS TO PENNSYLVANIA CHARTER SCHOOLS FOR THE DEAF AND
19 BLIND, PROVIDED THAT ANY AMOUNTS EXPENDED BY THE DEPARTMENT
20 OF EDUCATION PURSUANT TO THE FORMER STATE APPROPRIATION IN
21 THE AMOUNT OF $25,749,000 FOR PAYMENTS TO PENNSYLVANIA
22 CHARTER SCHOOLS FOR THE DEAF AND BLIND UNDER SECTION 212 OF
23 THE GENERAL APPROPRIATION ACT OF 2003, SHALL BE DEDUCTED FROM
24 THE SUM APPROPRIATED IN THIS PARAGRAPH.
25 (7) THE SUM OF $63,950,000 IS HEREBY APPROPRIATED FOR
26 SPECIAL EDUCATION - APPROVED PRIVATE SCHOOLS, PROVIDED THAT
27 ANY AMOUNTS EXPENDED BY THE DEPARTMENT OF EDUCATION PURSUANT
28 TO THE FORMER STATE APPROPRIATION IN THE AMOUNT OF
29 $63,450,000 FOR SPECIAL EDUCATION - APPROVED PRIVATE SCHOOLS
30 UNDER SECTION 212 OF THE GENERAL APPROPRIATION ACT OF 2003,
20030H0564B2474 - 60 -
1 SHALL BE DEDUCTED FROM THE SUM APPROPRIATED IN THIS
2 PARAGRAPH.
3 (8) THE SUM OF $25,380,000 IS HEREBY APPROPRIATED FOR
4 SCHOOL IMPROVEMENT GRANTS AS PROVIDED FOR UNDER SECTION 1709-
5 B OF THE PUBLIC SCHOOL CODE OF 1949.
6 (9) THE SUM OF $19,000,000 IS HEREBY APPROPRIATED FOR
7 EDUCATION SUPPORT SERVICES AS PROVIDED FOR UNDER ARTICLE XV-C
8 OF THE PUBLIC SCHOOL CODE OF 1949.
9 (10) THE SUM OF $73,992,000 IS HEREBY APPROPRIATED FOR
10 SERVICES TO NONPUBLIC SCHOOLS AS PROVIDED UNDER SECTION
11 922.1-A OF THE PUBLIC SCHOOL CODE OF 1949, PROVIDED THAT ANY
12 AMOUNTS EXPENDED BY THE DEPARTMENT OF EDUCATION PURSUANT TO
13 THE FORMER STATE APPROPRIATION IN THE AMOUNT OF $71,976,000
14 FOR SERVICES TO NONPUBLIC SCHOOLS UNDER SECTION 212 OF THE
15 GENERAL APPROPRIATION ACT OF 2003, SHALL BE DEDUCTED FROM THE
16 SUM APPROPRIATED IN THIS PARAGRAPH.
17 SECTION 29. THE FOLLOWING ACTS AND PARTS OF ACTS ARE
18 REPEALED TO THE EXTENT SPECIFIED:
19 (1) SECTION 2509.8 OF THE ACT OF MARCH 10, 1949 (P.L.30,
20 NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, ABSOLUTELY.
21 (2) AS MUCH AS RELATES TO THE STATE APPROPRIATIONS IN
22 THE AMOUNT OF $55,378,000 FOR VOCATIONAL EDUCATION, IN THE
23 AMOUNT OF $874,319,000 FOR PAYMENTS ON ACCOUNT OF SPECIAL
24 EDUCATION OF EXCEPTIONAL CHILDREN, IN THE AMOUNT OF
25 $25,749,000 FOR PAYMENTS TO PENNSYLVANIA CHARTER SCHOOLS FOR
26 THE DEAF AND BLIND, IN THE AMOUNT OF $63,450,000 FOR SPECIAL
27 EDUCATION - APPROVED PRIVATE SCHOOLS, AND IN THE AMOUNT OF
28 $71,976,000 FOR SERVICES TO NONPUBLIC SCHOOLS IN SECTION 212
29 OF THE ACT OF MARCH 20, 2003 (P.L. , NO.1A), KNOWN AS THE
30 GENERAL APPROPRIATION ACT OF 2003.
20030H0564B2474 - 61 -
1 SECTION 30. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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