PRIOR PRINTER'S NO. 3670 PRINTER'S NO. 3934
No. 2479 Session of 2008
INTRODUCED BY HARKINS, ROEBUCK, McCALL, GRUCELA, WALKO,
K. SMITH, SAYLOR, McILVAINE SMITH, MYERS, MANN, KULA,
JOSEPHS, HERSHEY, HARHAI, BISHOP, BRENNAN, BUXTON,
CALTAGIRONE, DALLY, FRANKEL, MELIO, GODSHALL, BARRAR AND
SIPTROTH, MAY 2, 2008
AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 11, 2008
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," further providing PROVIDING FOR THE <--
6 DEFINITIONS OF "CYBER CHARTER SCHOOL FUND BALANCE LIMIT,"
7 "CYBER EDUCATION REAL COST LEVEL," "CYBER SPECIAL EDUCATION
8 REAL COST LEVEL," "EMPLOYMENT COST INDEX" AND "STATEWIDE
9 AVERAGE WEEKLY WAGE"; AND FURTHER PROVIDING FOR SCHOOL STAFF,
10 FOR FUNDING FOR CHARTER SCHOOLS, FOR CAUSES FOR NONRENEWAL OR
11 TERMINATION, FOR POWERS AND DUTIES OF DEPARTMENT, FOR
12 ASSESSMENT AND EVALUATION, FOR CYBER CHARTER SCHOOL
13 REQUIREMENTS AND PROHIBITIONS, FOR SCHOOL DISTRICT AND
14 INTERMEDIATE UNIT RESPONSIBILITIES, FOR CYBER CHARTER SCHOOL
15 APPLICATION, FOR ENROLLMENT AND NOTIFICATION, FOR
16 APPLICABILITY AND for State reimbursements for charter and
17 cyber charter schools.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 2591.1 of the act of March 10, 1949 <--
21 (P.L.30, No.14), known as the Public School Code of 1949,
22 amended December 23, 2003 (P.L.304, No.48) and July 20, 2007
23 (P.L.278, No.45), is amended to read:
1 SECTION 1. SECTION 1703-A OF THE ACT OF MARCH 10, 1949 <--
2 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, IS
3 AMENDED BY ADDING DEFINITIONS TO READ:
4 SECTION 1703-A. DEFINITIONS.--AS USED IN THIS ARTICLE,
5 * * *
6 "CYBER CHARTER SCHOOL FUND BALANCE LIMIT" SHALL MEAN THE
7 AMOUNT DETERMINED UNDER SECTION 1725-A.
8 "CYBER EDUCATION REAL COST LEVEL" SHALL MEAN THE AMOUNT
9 ESTABLISHED BY THE DEPARTMENT UNDER SECTION 1725-A.
10 "CYBER SPECIAL EDUCATION REAL COST LEVEL" SHALL MEAN THE
11 AMOUNT ESTABLISHED BY THE DEPARTMENT UNDER SECTION 1725-A.
12 * * *
13 "EMPLOYMENT COST INDEX" SHALL HAVE THE SAME MEANING AS GIVEN
14 TO IT IN SECTION 302 OF THE ACT OF JUNE 27, 2006 (1ST SP.SESS.,
15 P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF ACT.
16 * * *
17 "STATEWIDE AVERAGE WEEKLY WAGE" SHALL HAVE THE SAME MEANING
18 AS GIVEN TO IT IN SECTION 302 OF THE ACT OF JUNE 27, 2006 (1ST
19 SP.SESS., P.L.1873, NO.1), KNOWN AS THE TAXPAYER RELIEF ACT.
20 SECTION 2. SECTION 1724-A(G) AND (I) OF THE ACT, ADDED JUNE
21 19, 1997 (P.L.225, NO.22), ARE AMENDED TO READ:
22 SECTION 1724-A. SCHOOL STAFF.--* * *
23 (G) [PROFESSIONAL] EXCEPT AS PROVIDED UNDER SECTION 1743-
24 A(K), PROFESSIONAL EMPLOYES WHO HOLD A FIRST LEVEL TEACHING OR
25 ADMINISTRATIVE CERTIFICATE MAY, AT THEIR OPTION, HAVE THE TIME
26 COMPLETED IN SATISFACTORY SERVICE IN A CHARTER SCHOOL APPLIED TO
27 THE LENGTH OF SERVICE REQUIREMENTS FOR THE NEXT LEVEL OF
28 CERTIFICATION.
29 * * *
30 (I) ALL INDIVIDUALS WHO SHALL HAVE DIRECT CONTACT WITH
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1 STUDENTS OR CONTACT THROUGH ELECTRONIC MEANS VIA THE INTERNET OR
2 E-MAIL WITH STUDENTS SHALL BE REQUIRED TO SUBMIT A REPORT OF
3 CRIMINAL HISTORY RECORD INFORMATION AS PROVIDED FOR IN SECTION
4 111 PRIOR TO ACCEPTING A POSITION WITH THE CHARTER SCHOOL. THIS
5 SUBSECTION SHALL ALSO APPLY TO ANY INDIVIDUAL WHO VOLUNTEERS TO
6 WORK ON A FULL-TIME OR PART-TIME BASIS AT THE CHARTER SCHOOL.
7 * * *
8 SECTION 3. SECTION 1725-A(A) OF THE ACT, AMENDED JUNE 29,
9 2002 (P.L.524, NO.88), IS AMENDED TO READ:
10 SECTION 1725-A. FUNDING FOR CHARTER SCHOOLS.--(A) FUNDING
11 FOR A CHARTER SCHOOL SHALL BE PROVIDED IN THE FOLLOWING MANNER:
12 (1) THERE SHALL BE NO TUITION CHARGE FOR A RESIDENT OR
13 NONRESIDENT STUDENT ATTENDING A CHARTER SCHOOL.
14 (1.1) FOR THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR
15 THEREAFTER, THE DEPARTMENT SHALL ESTABLISH A CYBER EDUCATION
16 REAL COST LEVEL AND A CYBER SPECIAL EDUCATION REAL COST LEVEL AS
17 FOLLOWS:
18 (I) THE DEPARTMENT SHALL ESTABLISH THE CYBER EDUCATION REAL
19 COST LEVEL FOR THE 2008-2009 SCHOOL YEAR BY DETERMINING THE
20 LOWEST 2006-2007 TOTAL EXPENDITURES PER AVERAGE DAILY
21 MEMBERSHIP, AFTER HAVING SUBTRACTED ALL EXPENDITURES FOR SPECIAL
22 EDUCATION, OF ALL CYBER CHARTER SCHOOLS THAT ACHIEVED ADEQUATE
23 YEARLY PROGRESS IN THE 2006-2007 SCHOOL YEAR. THE AMOUNT SHALL
24 BE CERTIFIED BY THE DEPARTMENT AND ADJUSTED ANNUALLY BY THE
25 PERCENTAGE INCREASE IN THE AVERAGE OF THE STATEWIDE AVERAGE
26 WEEKLY WAGE AND THE EMPLOYMENT COST INDEX.
27 (II) THE DEPARTMENT SHALL ESTABLISH THE CYBER SPECIAL
28 EDUCATION REAL COST LEVEL FOR THE 2008-2009 SCHOOL YEAR BY
29 CALCULATING THE SUM OF THE AMOUNT DETERMINED UNDER SUBPARAGRAPH
30 (I) AND THE LOWEST 2006-2007 EXPENDITURES FOR SPECIAL EDUCATION
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1 PER SPECIAL EDUCATION STUDENT OF ALL CYBER CHARTER SCHOOLS THAT
2 ACHIEVED ADEQUATE YEARLY PROGRESS IN THE 2006-2007 SCHOOL YEAR.
3 THE AMOUNT SHALL BE CERTIFIED BY THE DEPARTMENT AND ADJUSTED
4 ANNUALLY BY THE PERCENTAGE INCREASE IN THE AVERAGE OF THE
5 STATEWIDE AVERAGE WEEKLY WAGE AND THE EMPLOYMENT COST INDEX.
6 (2) (I) FOR NON-SPECIAL EDUCATION STUDENTS ENROLLED IN A
7 CHARTER SCHOOL THAT IS NOT A CYBER CHARTER SCHOOL, THE CHARTER
8 SCHOOL SHALL RECEIVE FOR EACH STUDENT ENROLLED NO LESS THAN THE
9 BUDGETED TOTAL EXPENDITURE PER AVERAGE DAILY MEMBERSHIP OF THE
10 PRIOR SCHOOL YEAR, AS DEFINED IN SECTION 2501(20), MINUS THE
11 BUDGETED EXPENDITURES OF THE DISTRICT OF RESIDENCE FOR NONPUBLIC
12 SCHOOL PROGRAMS; ADULT EDUCATION PROGRAMS; COMMUNITY/JUNIOR
13 COLLEGE PROGRAMS; STUDENT TRANSPORTATION SERVICES; FOR SPECIAL
14 EDUCATION PROGRAMS; FACILITIES ACQUISITION, CONSTRUCTION AND
15 IMPROVEMENT SERVICES; AND OTHER FINANCING USES, INCLUDING DEBT
16 SERVICE AND FUND TRANSFERS AS PROVIDED IN THE MANUAL OF
17 ACCOUNTING AND RELATED FINANCIAL PROCEDURES FOR PENNSYLVANIA
18 SCHOOL SYSTEMS ESTABLISHED BY THE DEPARTMENT. THIS AMOUNT SHALL
19 BE PAID BY THE DISTRICT OF RESIDENCE OF EACH STUDENT.
20 (II) (A) IN THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR
21 THEREAFTER, FOR NON-SPECIAL EDUCATION STUDENTS ENROLLED IN A
22 CYBER CHARTER SCHOOL, THE CYBER CHARTER SCHOOL SHALL RECEIVE FOR
23 EACH STUDENT ENROLLED THE LESSER OF:
24 (I) AN AMOUNT EQUAL TO THE CYBER EDUCATION REAL COST LEVEL.
25 (II) THE AMOUNT DETERMINED UNDER SUBPARAGRAPH (I).
26 (B) THE AMOUNT UNDER THIS SUBPARAGRAPH SHALL BE PAID BY THE
27 DISTRICT OF RESIDENCE OF EACH STUDENT.
28 (3) (I) FOR SPECIAL EDUCATION STUDENTS ENROLLED IN A
29 CHARTER SCHOOL THAT IS NOT A CYBER CHARTER SCHOOL, THE CHARTER
30 SCHOOL SHALL RECEIVE FOR EACH STUDENT ENROLLED THE SAME FUNDING
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1 AS FOR EACH NON-SPECIAL EDUCATION STUDENT AS PROVIDED IN CLAUSE
2 (2), PLUS AN ADDITIONAL AMOUNT DETERMINED BY DIVIDING THE
3 DISTRICT OF RESIDENCE'S TOTAL SPECIAL EDUCATION EXPENDITURE BY
4 THE PRODUCT OF MULTIPLYING THE COMBINED PERCENTAGE OF SECTION
5 2509.5(K) TIMES THE DISTRICT OF RESIDENCE'S TOTAL AVERAGE DAILY
6 MEMBERSHIP FOR THE PRIOR SCHOOL YEAR. THIS AMOUNT SHALL BE PAID
7 BY THE DISTRICT OF RESIDENCE OF EACH STUDENT.
8 (II) (A) IN THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR
9 THEREAFTER, FOR SPECIAL EDUCATION STUDENTS ENROLLED IN A CYBER
10 CHARTER SCHOOL, THE CYBER CHARTER SCHOOL SHALL RECEIVE FOR EACH
11 STUDENT ENROLLED THE LESSER OF:
12 (I) AN AMOUNT EQUAL TO THE COST OF THE CYBER SPECIAL
13 EDUCATION REAL COST LEVEL.
14 (II) THE AMOUNT DETERMINED UNDER SUBPARAGRAPH (I).
15 (B) THE AMOUNT UNDER THIS SUBPARAGRAPH SHALL BE PAID BY THE
16 DISTRICT OF RESIDENCE OF EACH STUDENT.
17 (4) A CHARTER SCHOOL MAY REQUEST THE INTERMEDIATE UNIT IN
18 WHICH THE CHARTER SCHOOL IS LOCATED TO PROVIDE SERVICES TO
19 ASSIST THE CHARTER SCHOOL TO ADDRESS THE SPECIFIC NEEDS OF
20 EXCEPTIONAL STUDENTS. THE INTERMEDIATE UNIT SHALL ASSIST THE
21 CHARTER SCHOOL AND BILL THE CHARTER SCHOOL FOR THE SERVICES. THE
22 INTERMEDIATE UNIT MAY NOT CHARGE THE CHARTER SCHOOL MORE FOR ANY
23 SERVICE THAN IT CHARGES THE CONSTITUENT DISTRICTS OF THE
24 INTERMEDIATE UNIT.
25 (5) PAYMENTS SHALL BE MADE TO THE CHARTER SCHOOL IN TWELVE
26 (12) EQUAL MONTHLY PAYMENTS, BY THE FIFTH DAY OF EACH MONTH,
27 WITHIN THE OPERATING SCHOOL YEAR. A STUDENT ENROLLED IN A
28 CHARTER SCHOOL SHALL BE INCLUDED IN THE AVERAGE DAILY MEMBERSHIP
29 OF THE STUDENT'S DISTRICT OF RESIDENCE FOR THE PURPOSE OF
30 PROVIDING BASIC EDUCATION FUNDING PAYMENTS AND SPECIAL EDUCATION
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1 FUNDING PURSUANT TO ARTICLE XXV. IF A SCHOOL DISTRICT FAILS TO
2 MAKE A PAYMENT TO A CHARTER SCHOOL AS PRESCRIBED IN THIS CLAUSE,
3 THE SECRETARY SHALL DEDUCT THE ESTIMATED AMOUNT, AS DOCUMENTED
4 BY THE CHARTER SCHOOL, FROM ANY AND ALL STATE PAYMENTS MADE TO
5 THE DISTRICT AFTER RECEIPT OF DOCUMENTATION FROM THE CHARTER
6 SCHOOL. IN THE CASE OF PAYMENT OWED TO A CYBER CHARTER SCHOOL, A
7 PENALTY OF THREE PER CENTUM SHALL BE ADDED TO THE AMOUNT AND
8 FORWARDED TO THE CYBER CHARTER SCHOOL.
9 (6) WITHIN THIRTY (30) DAYS AFTER THE SECRETARY MAKES THE
10 DEDUCTION DESCRIBED IN CLAUSE (5), A SCHOOL DISTRICT MAY NOTIFY
11 THE SECRETARY THAT THE DEDUCTION MADE FROM STATE PAYMENTS TO THE
12 DISTRICT UNDER THIS SUBSECTION IS INACCURATE. THE SECRETARY
13 SHALL PROVIDE THE SCHOOL DISTRICT WITH AN OPPORTUNITY TO BE
14 HEARD CONCERNING WHETHER THE CHARTER SCHOOL DOCUMENTED THAT ITS
15 STUDENTS WERE ENROLLED IN THE CHARTER SCHOOL, THE PERIOD OF TIME
16 DURING WHICH EACH STUDENT WAS ENROLLED, THE SCHOOL DISTRICT OF
17 RESIDENCE OF EACH STUDENT AND WHETHER THE AMOUNTS DEDUCTED FROM
18 THE SCHOOL DISTRICT WERE ACCURATE. THE SECRETARY SHALL RESCIND
19 ANY PENALTY PAID TO A CYBER CHARTER SCHOOL UNDER CLAUSE (5) ON
20 BEHALF OF A STUDENT FOR WHOM BILLING WAS INACCURATE AS
21 DETERMINED UNDER THIS CLAUSE.
22 (7) (I) FOR THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR
23 THEREAFTER, NO CYBER CHARTER SCHOOL SHALL ACCUMULATE AN
24 UNRESERVED, UNDESIGNATED FUND BALANCE GREATER THAN THE CYBER
25 CHARTER FUND BALANCE LIMIT, WHICH SHALL BE DETERMINED AS
26 FOLLOWS:
27 CYBER CHARTER SCHOOL TOTAL MAXIMUM UNRESERVED,
28 BUDGETED EXPENDITURES UNDESIGNATED FUND
29 BALANCE AS PERCENTAGE
30 OF TOTAL BUDGETED
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1 EXPENDITURES
2 LESS THAN OR EQUAL TO $11,999,999 12%
3 BETWEEN $12,000,000 AND $12,999,999 11.5%
4 BETWEEN $13,000,000 AND $13,999,999 11%
5 BETWEEN $14,000,000 AND $14,999,999 10.5%
6 BETWEEN $15,000,000 AND $15,999,999 10%
7 BETWEEN $16,000,000 AND $16,999,999 9.5%
8 BETWEEN $17,000,000 AND $17,999,999 9%
9 BETWEEN $18,000,000 AND $18,999,999 8.5%
10 GREATER THAN OR EQUAL TO $19,000,000 8%
11 (II) ANY UNRESERVED, UNDESIGNATED FUND BALANCE IN PLACE ON
12 JUNE 30, 2008, THAT EXCEEDS THE CYBER CHARTER FUND BALANCE LIMIT
13 SHALL BE DISTRIBUTED BY THE CYBER CHARTER SCHOOL AS FOLLOWS:
14 (A) THE CYBER CHARTER SCHOOL MAY EXPEND UP TO FORTY PER
15 CENTUM OF THE FUND BALANCE IN EXCESS OF THE LIMIT, BUT NO MORE
16 THAN $1,000,000, ON PROFESSIONAL DEVELOPMENT, STUDENT SUPPLIES,
17 TECHNOLOGY, INSTRUCTIONAL ACTIVITIES DIRECTLY AFFECTING STUDENT
18 PERFORMANCE, TO PROVIDE A DISCOUNT TO THE CYBER EDUCATION REAL
19 COST LEVEL AND CYBER SPECIAL EDUCATION REAL COST LEVEL TO ALL
20 SCHOOL DISTRICTS ON BEHALF OF ENROLLED STUDENTS OR OTHER
21 ACTIVITIES AS APPROVED BY THE SECRETARY UPON APPLICATION BY THE
22 CYBER CHARTER SCHOOL. THE FUNDS MAY NOT BE USED TO PAY BONUSES
23 TO ANY EMPLOYE OR CONTRACTOR.
24 (B) THE REMAINDER SHALL BE REFUNDED ON A PRO RATA BASIS
25 WITHIN NINETY (90) DAYS TO ALL SCHOOL DISTRICTS THAT PAID
26 TUITION TO THE CYBER CHARTER SCHOOL ON BEHALF OF STUDENTS
27 ENROLLED IN THE 2006-2007 AND 2007-2008 SCHOOL YEARS.
28 (III) FOR THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR
29 THEREAFTER, ANY UNRESERVED, UNDESIGNATED FUND BALANCE IN EXCESS
30 OF THE CYBER CHARTER FUND BALANCE LIMIT SHALL BE REFUNDED ON A
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1 PRO RATA BASIS TO ALL SCHOOL DISTRICTS THAT PAID TUITION TO THE
2 CYBER CHARTER SCHOOL IN THE PRIOR SCHOOL YEAR.
3 (8) EXCEPT IN THE CASE OF ANY STUDENT ENROLLED IN A CYBER
4 CHARTER SCHOOL ON THE EFFECTIVE DATE OF THIS SECTION, A SCHOOL
5 DISTRICT SHALL NOT BE REQUIRED TO PROVIDE PER PUPIL FUNDING TO
6 CYBER CHARTER SCHOOLS FOR A STUDENT WHO DOES NOT MEET THE
7 MINIMUM REQUIREMENT FOR THE AGE OF KINDERGARTEN OR BEGINNER
8 ESTABLISHED BY THE BOARD OF SCHOOL DIRECTORS IN THE STUDENT'S
9 SCHOOL DISTRICT OF RESIDENCE. THE TERM "BEGINNERS," AS USED IN
10 THIS CLAUSE, SHALL MEAN ANY CHILD THAT SHOULD ENTER THE LOWEST
11 GRADE OF THE PRIMARY SCHOOL OR THE LOWEST PRIMARY CLASS ABOVE
12 THE KINDERGARTEN LEVEL.
13 (9) IF A STUDENT'S SCHOOL DISTRICT OF RESIDENCE DOES NOT
14 OFFER FULL-DAY KINDERGARTEN, THE SCHOOL DISTRICT OF RESIDENCE
15 SHALL ONLY BE REQUIRED TO PAY A CYBER CHARTER SCHOOL ONE-HALF OF
16 THE AMOUNT CALCULATED UNDER CLAUSE (2)(II) OR (3)(II) FOR ANY
17 STUDENT WHO IS ENROLLED IN KINDERGARTEN IN A CYBER CHARTER
18 SCHOOL.
19 * * *
20 SECTION 4. SECTION 1729-A(J) OF THE ACT, ADDED JUNE 19, 1997
21 (P.L.225, NO.22), IS AMENDED TO READ:
22 SECTION 1729-A. CAUSES FOR NONRENEWAL OR TERMINATION.--* * *
23 (J) WHEN A CHARTER IS REVOKED OR IS NOT RENEWED, A STUDENT
24 WHO ATTENDED THE CHARTER SCHOOL SHALL APPLY TO ANOTHER PUBLIC
25 SCHOOL IN THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE. NORMAL
26 APPLICATION DEADLINES WILL BE DISREGARDED UNDER THESE
27 CIRCUMSTANCES. ALL STUDENT RECORDS MAINTAINED BY THE CHARTER
28 SCHOOL SHALL BE FORWARDED TO THE STUDENT'S DISTRICT OF RESIDENCE
29 WITHIN TEN (10) DAYS OF THE REVOCATION OR NONRENEWAL OF THE
30 CHARTER.
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1 SECTION 5. SECTION 1741-A(A) OF THE ACT IS AMENDED BY ADDING
2 A CLAUSE TO READ:
3 SECTION 1741-A. POWERS AND DUTIES OF DEPARTMENT.
4 (A) POWERS AND DUTIES.--THE DEPARTMENT SHALL:
5 * * *
6 (6) PROMULGATE REGULATIONS IN ACCORDANCE WITH THE ACT OF
7 JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE "REGULATORY
8 REVIEW ACT," THAT PROVIDE ALL OF THE FOLLOWING WITH REGARD TO
9 CYBER CHARTER SCHOOLS:
10 (I) THE MINIMUM NUMBER OF HOURS THAT STUDENTS MUST
11 BE ONLINE AND OFFLINE ENGAGED IN EDUCATIONAL ACTIVITIES
12 IN ORDER TO MEET THE ATTENDANCE REQUIREMENTS OF 22 PA.
13 CODE CH. 11 (RELATING TO STUDENT ATTENDANCE).
14 (II) THE REQUIREMENTS THAT EACH CYBER CHARTER SCHOOL
15 MUST MEET TO BE ABLE TO DEMONSTRATE IN ITS ANNUAL REPORT
16 TO THE DEPARTMENT DUE BY AUGUST 1 OF EACH YEAR UNDER
17 SECTION 1743-A(F) THAT THE MINIMUM NUMBER OF ONLINE AND
18 OFFLINE HOURS HAVE BEEN ATTAINED BY EACH STUDENT.
19 * * *
20 SECTION 6. SECTION 1742-A OF THE ACT, ADDED JUNE 29, 2002
21 (P.L.524, NO.88), IS AMENDED TO READ:
22 SECTION 1742-A. ASSESSMENT AND EVALUATION.
23 THE DEPARTMENT SHALL:
24 (1) [ANNUALLY] NO LATER THAN OCTOBER 1 OF EACH YEAR,
25 ASSESS WHETHER EACH CYBER CHARTER SCHOOL IS MEETING THE GOALS
26 OF ITS CHARTER AND IS IN COMPLIANCE WITH THE PROVISIONS OF
27 THE CHARTER AND CONDUCT A COMPREHENSIVE REVIEW PRIOR TO
28 GRANTING A FIVE-YEAR RENEWAL OF THE CHARTER. THE DEPARTMENT
29 SHALL PROVIDE EACH CYBER CHARTER SCHOOL WITH THE RESULTS OF
30 THAT SCHOOL'S ANNUAL ASSESSMENT IN THE FORM OF A WRITTEN
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1 REPORT TO BE SUBMITTED BOTH THROUGH UNITED STATES MAIL AND
2 ELECTRONICALLY BY NO LATER THAN NOVEMBER 1 OF EACH YEAR. THE
3 REPORT SHALL BE POSTED ON THE DEPARTMENT'S INTERNET WEBSITE
4 FOR NO LESS THAN A FIVE-YEAR PERIOD OR UNTIL THE EXPIRATION
5 OF THE CYBER CHARTER SCHOOL'S CURRENT CHARTER, WHICHEVER
6 OCCURS FIRST.
7 (2) ANNUALLY REVIEW EACH CYBER CHARTER SCHOOL'S
8 PERFORMANCE ON THE PENNSYLVANIA SYSTEM OF SCHOOL ASSESSMENT
9 TEST, STANDARDIZED TESTS AND OTHER PERFORMANCE INDICATORS TO
10 ENSURE COMPLIANCE WITH 22 PA. CODE CH. 4 (RELATING TO
11 ACADEMIC STANDARDS AND ASSESSMENT) OR SUBSEQUENT REGULATIONS
12 PROMULGATED TO REPLACE 22 PA. CODE CH. 4.
13 (3) HAVE ONGOING ACCESS TO ALL RECORDS, INSTRUCTIONAL
14 MATERIALS AND STUDENT AND STAFF RECORDS OF EACH CYBER CHARTER
15 SCHOOL AND TO EVERY CYBER CHARTER SCHOOL FACILITY TO ENSURE
16 THE CYBER CHARTER SCHOOL IS IN COMPLIANCE WITH ITS CHARTER
17 AND THIS SUBDIVISION.
18 SECTION 7. SECTION 1743-A(B), (C) AND (E) OF THE ACT, ADDED
19 JUNE 29, 2002 (P.L.524, NO.88), ARE AMENDED AND THE SECTION IS
20 AMENDED BY ADDING SUBSECTIONS TO READ:
21 SECTION 1743-A. CYBER CHARTER SCHOOL REQUIREMENTS AND
22 PROHIBITIONS.
23 * * *
24 (B) ENROLLMENT.--A CYBER CHARTER SCHOOL SHALL [REPORT TO THE
25 DEPARTMENT AN INCREASE OR A DECREASE OF 30% OR MORE IN ITS
26 ANTICIPATED ENROLLMENT] REQUEST APPROVAL FROM THE DEPARTMENT IN
27 ORDER TO INCREASE ITS ENROLLMENT BEYOND THAT SET FORTH IN THE
28 APPLICATION UNDER SECTION 1747-A(11).
29 (C) [SCHOOL DISTRICT.--A CYBER CHARTER SCHOOL] DEPARTMENT.--
30 THE DEPARTMENT SHALL MAKE AVAILABLE UPON REQUEST, EITHER IN
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1 WRITING OR ELECTRONICALLY, [TO EACH STUDENT'S SCHOOL DISTRICT OF
2 RESIDENCE] THE FOLLOWING:
3 (1) A COPY OF THE CHARTER.
4 (2) A COPY OF THE CYBER CHARTER SCHOOL APPLICATION.
5 (3) A COPY OF ALL ANNUAL REPORTS PREPARED BY THE CYBER
6 CHARTER SCHOOL.
7 [(4) A LIST OF ALL STUDENTS FROM THAT SCHOOL DISTRICT
8 ENROLLED IN THE CYBER CHARTER SCHOOL.]
9 (C.1) SCHOOL DISTRICT.--A CYBER CHARTER SCHOOL SHALL MAKE
10 AVAILABLE UPON REQUEST, EITHER IN WRITING OR ELECTRONICALLY, TO
11 EACH STUDENT'S SCHOOL DISTRICT OF RESIDENCE A LIST OF ALL
12 STUDENTS FROM THAT SCHOOL DISTRICT ENROLLED IN THE CYBER CHARTER
13 SCHOOL.
14 * * *
15 (E) STUDENTS.--FOR EACH STUDENT ENROLLED, A CYBER CHARTER
16 SCHOOL SHALL:
17 (1) PROVIDE ALL INSTRUCTIONAL MATERIALS;
18 (2) PROVIDE ALL EQUIPMENT, INCLUDING, BUT NOT LIMITED
19 TO, A COMPUTER, COMPUTER MONITOR AND PRINTER; AND
20 (3) PROVIDE OR REIMBURSE FOR ALL TECHNOLOGY AND SERVICES
21 NECESSARY FOR THE ON-LINE DELIVERY OF THE CURRICULUM AND
22 INSTRUCTION.
23 THE COMMONWEALTH SHALL NOT BE LIABLE FOR ANY REIMBURSEMENT OWED
24 TO STUDENTS, PARENTS OR GUARDIANS BY A CYBER CHARTER SCHOOL
25 UNDER PARAGRAPH (3). ALL COMPUTERS, SOFTWARE AND INTERNET
26 CONNECTIONS PURCHASED BY THE CYBER CHARTER SCHOOL SHALL BE THE
27 PROPERTY OF THE CYBER CHARTER SCHOOL. IF A STUDENT DISCONTINUES
28 ENROLLMENT IN A CYBER CHARTER SCHOOL, THE STUDENT MUST RETURN
29 THE SCHOOL'S PROPERTY IN USABLE CONDITION OR PAY A CIVIL PENALTY
30 IN THE FORM OF FAIR MARKET VALUE FOR THE PROPERTY.
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1 * * *
2 (J) BOARD OF TRUSTEES.--A MEMBER OF THE BOARD OF TRUSTEES
3 SHALL BE CONSIDERED A PUBLIC OFFICIAL UNDER THE ACT OF OCTOBER
4 4, 1978 (P.L.883, NO.170), REFERRED TO AS THE PUBLIC OFFICIAL
5 AND EMPLOYEE ETHICS LAW. NO MEMBER OF THE BOARD OF TRUSTEES MAY
6 DO BUSINESS WITH THE SCHOOL OR THE MANAGEMENT OF THE SCHOOL NOR
7 MAY A PERSON AFFILIATED WITH THE MANAGEMENT OF THE SCHOOL SIT ON
8 THE BOARD OF TRUSTEES.
9 (K) EMPLOYES.--PROFESSIONAL EMPLOYES WHO HOLD A FIRST LEVEL
10 TEACHING OR ADMINISTRATIVE CERTIFICATE MAY PETITION THE
11 DEPARTMENT TO HAVE THE TIME COMPLETED IN SATISFACTORY SERVICE IN
12 A CYBER CHARTER SCHOOL APPLIED TO THE LENGTH OF SERVICE
13 REQUIREMENTS FOR THE NEXT LEVEL OF CERTIFICATION. THE DEPARTMENT
14 SHALL ESTABLISH GUIDELINES GOVERNING ACCEPTABLE CRITERIA FOR
15 APPROVAL OF A PETITION UNDER THIS SUBSECTION.
16 (L) OUT-OF-STATE STUDENTS.--A CYBER CHARTER SCHOOL MAY NOT
17 EXPEND ANY FUNDS, INCLUDING FUNDS PROVIDED BY THE COMMONWEALTH
18 OR BY A SCHOOL DISTRICT, ON THE EDUCATION OF ANY STUDENT WHO IS
19 NOT A RESIDENT OF A PENNSYLVANIA SCHOOL DISTRICT.
20 SECTION 8. SECTIONS 1744-A AND 1747-A(11) OF THE ACT, ADDED
21 JUNE 29, 2002 (P.L.524, NO.88), ARE AMENDED TO READ:
22 SECTION 1744-A. SCHOOL DISTRICT AND INTERMEDIATE UNIT
23 RESPONSIBILITIES.
24 AN INTERMEDIATE UNIT OR A SCHOOL DISTRICT IN WHICH A STUDENT
25 ENROLLED IN A CYBER CHARTER SCHOOL RESIDES SHALL DO ALL OF THE
26 FOLLOWING:
27 (1) PROVIDE THE CYBER CHARTER SCHOOL WITHIN TEN DAYS OF
28 RECEIPT OF THE NOTICE OF THE ADMISSION OF THE STUDENT UNDER
29 SECTION 1748-A(A) WITH ALL RECORDS RELATING TO THE STUDENT,
30 INCLUDING TRANSCRIPTS, TEST SCORES AND A COPY OF ANY
20080H2479B3934 - 12 -
1 INDIVIDUALIZED EDUCATION PROGRAM FOR THAT STUDENT.
2 (2) PROVIDE THE CYBER CHARTER SCHOOL WITH REASONABLE
3 ACCESS TO ITS FACILITIES FOR THE ADMINISTRATION OF
4 STANDARDIZED TESTS REQUIRED UNDER THIS SUBDIVISION.
5 (3) UPON REQUEST AND SUBJECT TO AGREEMENT BETWEEN A
6 CYBER CHARTER SCHOOL AND AN INTERMEDIATE UNIT OR SCHOOL
7 DISTRICT, PROVIDE ASSISTANCE TO THE CYBER CHARTER SCHOOL IN
8 THE DELIVERY OF SERVICES TO A STUDENT WITH DISABILITIES. THE
9 SCHOOL DISTRICT OR INTERMEDIATE UNIT SHALL NOT CHARGE THE
10 CYBER CHARTER SCHOOL MORE FOR A SERVICE THAN IT CHARGES A
11 SCHOOL DISTRICT.
12 (4) MAKE PAYMENTS TO THE CYBER CHARTER SCHOOL UNDER
13 SECTION 1725-A.
14 SECTION 1747-A. CYBER CHARTER SCHOOL APPLICATION.
15 IN ADDITION TO THE PROVISIONS OF SECTION 1719-A, AN
16 APPLICATION TO ESTABLISH A CYBER CHARTER SCHOOL SHALL ALSO
17 INCLUDE THE FOLLOWING:
18 * * *
19 (11) THE MAXIMUM LEVEL OF [ANTICIPATED] ENROLLMENT
20 DURING EACH SCHOOL YEAR OF THE PROPOSED CHARTER, INCLUDING
21 EXPECTED INCREASES DUE TO THE ADDITION OF GRADE LEVELS.
22 * * *
23 SECTION 9. SECTION 1748-A(A) OF THE ACT, ADDED JUNE 29, 2002
24 (P.L.524, NO.88), IS AMENDED AND THE SECTION IS AMENDED BY
25 ADDING A SUBSECTION TO READ:
26 SECTION 1748-A. ENROLLMENT AND NOTIFICATION.
27 (A) NOTICE TO SCHOOL DISTRICT.--
28 (1) WITHIN [15] TEN DAYS OF THE ENROLLMENT OF A STUDENT
29 TO A CYBER CHARTER SCHOOL, THE PARENT OR GUARDIAN AND THE
30 CYBER CHARTER SCHOOL SHALL NOTIFY THE STUDENT'S SCHOOL
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1 DISTRICT OF RESIDENCE OF THE ENROLLMENT THROUGH THE USE OF
2 THE NOTIFICATION FORM UNDER SUBSECTION (B).
3 (2) IF A SCHOOL DISTRICT WHICH HAS RECEIVED NOTICE UNDER
4 PARAGRAPH (1) DETERMINES THAT A STUDENT IS NOT A RESIDENT OF
5 THE SCHOOL DISTRICT, THE FOLLOWING APPLY:
6 (I) WITHIN [SEVEN] 20 DAYS OF RECEIPT OF THE NOTICE
7 UNDER PARAGRAPH (1), THE SCHOOL DISTRICT SHALL NOTIFY THE
8 CYBER CHARTER SCHOOL AND THE DEPARTMENT THAT THE STUDENT
9 IS NOT A RESIDENT OF THE SCHOOL DISTRICT. NOTIFICATION OF
10 NONRESIDENCE SHALL INCLUDE THE BASIS FOR THE
11 DETERMINATION.
12 (II) WITHIN SEVEN DAYS OF NOTIFICATION UNDER
13 SUBPARAGRAPH (I), THE CYBER CHARTER SCHOOL SHALL REVIEW
14 THE NOTIFICATION OF NONRESIDENCE, RESPOND TO THE SCHOOL
15 DISTRICT AND PROVIDE A COPY OF THE RESPONSE TO THE
16 DEPARTMENT. IF THE CYBER CHARTER SCHOOL AGREES THAT A
17 STUDENT IS NOT A RESIDENT OF THE SCHOOL DISTRICT, IT
18 SHALL DETERMINE THE PROPER DISTRICT OF RESIDENCE OF THE
19 STUDENT BEFORE REQUESTING FUNDS FROM ANOTHER SCHOOL
20 DISTRICT.
21 (III) WITHIN SEVEN DAYS OF RECEIPT OF THE RESPONSE
22 UNDER SUBPARAGRAPH (II), THE SCHOOL DISTRICT SHALL NOTIFY
23 THE CYBER CHARTER SCHOOL THAT IT AGREES WITH THE CYBER
24 CHARTER SCHOOL'S DETERMINATION OR DOES NOT AGREE WITH THE
25 CYBER CHARTER SCHOOL'S DETERMINATION.
26 (IV) A SCHOOL DISTRICT THAT HAS NOTIFIED THE CYBER
27 CHARTER SCHOOL THAT IT DOES NOT AGREE WITH THE CYBER
28 CHARTER SCHOOL'S DETERMINATION UNDER SUBPARAGRAPH (III)
29 SHALL APPEAL TO THE DEPARTMENT FOR A FINAL DETERMINATION.
30 (V) ALL DECISIONS OF THE DEPARTMENT REGARDING THE
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1 SCHOOL DISTRICT OF RESIDENCE OF A STUDENT SHALL BE
2 SUBJECT TO REVIEW BY THE COMMONWEALTH COURT.
3 (VI) A SCHOOL DISTRICT SHALL CONTINUE TO MAKE
4 PAYMENTS TO A CYBER CHARTER SCHOOL UNDER SECTION 1725-A
5 DURING THE TIME IN WHICH THE SCHOOL DISTRICT OF RESIDENCE
6 OF A STUDENT IS IN DISPUTE.
7 (VII) IF A FINAL DETERMINATION IS MADE THAT A
8 STUDENT IS NOT A RESIDENT OF AN APPEALING SCHOOL
9 DISTRICT, THE CYBER CHARTER SCHOOL SHALL RETURN ALL FUNDS
10 PROVIDED ON BEHALF OF THAT STUDENT TO THE SCHOOL DISTRICT
11 WITHIN 30 DAYS.
12 * * *
13 (D) TRUANCY.--IF A SCHOOL DISTRICT RECEIVES A NOTIFICATION
14 OF ENROLLMENT FORM, AS REQUIRED UNDER PARAGRAPH (A)(1), THAT A
15 RESIDENT STUDENT WHO IS A TRUANT FROM THE SCHOOL DISTRICT
16 SCHOOLS HAS ENROLLED IN A CYBER CHARTER SCHOOL, THE SCHOOL
17 DISTRICT SHALL NOTIFY THE CYBER CHARTER SCHOOL IN WRITING ABOUT
18 THE STUDENT'S TRUANCY. THE FOLLOWING SHALL APPLY:
19 (1) UPON RECEIPT OF NOTICE BY THE RESIDENT SCHOOL
20 DISTRICT OF A STUDENT'S TRUANCY AT THE SCHOOL DISTRICT
21 SCHOOLS, THE CYBER CHARTER SCHOOL SHALL PROVIDE TO THE
22 STUDENT'S RESIDENT SCHOOL DISTRICT EVIDENCE DURING THE FIRST
23 THREE MONTHS THAT THE STUDENT IS ENROLLED IN THE CYBER
24 CHARTER SCHOOL, THAT THE STUDENT IS RECEIVING EDUCATIONAL
25 INSTRUCTION AND COMPLETING ASSIGNMENTS AS REQUIRED BY THE
26 CYBER CHARTER SCHOOL. THE EVIDENCE SHALL BE PROVIDED BY THE
27 CYBER CHARTER SCHOOL WHEN IT BILLS THE SCHOOL DISTRICT FOR
28 PAYMENT DURING THE FIRST THREE MONTHS OF THE STUDENT'S
29 ENROLLMENT.
30 (2) IF THE CYBER CHARTER SCHOOL FAILS TO COMPLY WITH THE
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1 REQUIREMENTS OF PARAGRAPH (1), THE STUDENT'S RESIDENT SCHOOL
2 DISTRICT SHALL NOT BE REQUIRED TO PAY THE CYBER CHARTER
3 SCHOOL FOR THAT STUDENT DURING THAT TIME.
4 (3) IF ANY STUDENT ENROLLED IN THE CYBER CHARTER SCHOOL
5 ACCRUES THREE OR MORE DAYS OF UNLAWFUL ABSENCES, THE CYBER
6 CHARTER SCHOOL HAS THE AUTHORITY TO AND SHALL BE RESPONSIBLE
7 FOR INSTITUTING TRUANCY PROCEEDINGS UNDER SECTION 1333.
8 SECTION 10. SECTION 1749-A(A) OF THE ACT, ADDED JUNE 29,
9 2002 (P.L.524, NO.88), IS AMENDED TO READ:
10 SECTION 1749-A. APPLICABILITY OF OTHER PROVISIONS OF THIS ACT
11 AND OF OTHER ACTS AND REGULATIONS.
12 (A) GENERAL REQUIREMENTS.--CYBER CHARTER SCHOOLS SHALL BE
13 SUBJECT TO THE FOLLOWING:
14 (1) SECTIONS 108, 110, 111, 321, 325, 326, 327, 431,
15 436, 443, 510, 518, 527, 609, 687(A), (B), (C), (D), (H) AND
16 (J), 708, 752, 753, [755,] 771, 776, 777, 807.1, 808, 809,
17 810, 1109, 1111, 1112(A), 1205.1, 1205.2, 1301, 1302, 1310,
18 1317.2, 1318, 1330, 1332, 1333, 1354, 1355, 1303-A, 1518,
19 1521, 1523, 1531, 1547, 1702-A, 1703-A, 1714-A, 1715-A, 1716-
20 A, 1719-A, 1721-A, 1722-A, 1723-A(A) AND (B), 1724-A, 1725-A,
21 1727-A, 1729-A, 1730-A, 1731-A(A)(1) AND (B) AND 2014-A AND
22 ARTICLES XII-A, XIII-A AND XIV.
23 (2) THE ACT OF JULY 17, 1961 (P.L.776, NO.341), KNOWN AS
24 THE PENNSYLVANIA FAIR EDUCATIONAL OPPORTUNITIES ACT.
25 (3) THE ACT OF JULY 19, 1965 (P.L.215, NO.116), ENTITLED
26 "AN ACT PROVIDING FOR THE USE OF EYE PROTECTIVE DEVICES BY
27 PERSONS ENGAGED IN HAZARDOUS ACTIVITIES OR EXPOSED TO KNOWN
28 DANGERS IN SCHOOLS, COLLEGES AND UNIVERSITIES."
29 (4) SECTION 4 OF THE ACT OF JANUARY 25, 1966 (1965
30 P.L.1546, NO.541), ENTITLED "AN ACT PROVIDING SCHOLARSHIPS
20080H2479B3934 - 16 -
1 AND PROVIDING FUNDS TO SECURE FEDERAL FUNDS FOR QUALIFIED
2 STUDENTS OF THE COMMONWEALTH OF PENNSYLVANIA WHO NEED
3 FINANCIAL ASSISTANCE TO ATTEND POSTSECONDARY INSTITUTIONS OF
4 HIGHER LEARNING, MAKING AN APPROPRIATION, AND PROVIDING FOR
5 THE ADMINISTRATION OF THIS ACT."
6 (5) THE ACT OF JULY 12, 1972 (P.L.765, NO.181) ENTITLED
7 "AN ACT RELATING TO DRUGS AND ALCOHOL AND THEIR ABUSE,
8 PROVIDING FOR PROJECTS AND PROGRAMS AND GRANTS TO EDUCATIONAL
9 AGENCIES, OTHER PUBLIC OR PRIVATE AGENCIES, INSTITUTIONS OR
10 ORGANIZATIONS."
11 (6) THE ACT OF DECEMBER 15, 1986 (P.L.1595, NO.175),
12 KNOWN AS THE ANTIHAZING LAW.
13 * * *
14 SECTION 11. SECTION 2591.1 OF THE ACT, AMENDED DECEMBER 23,
15 2003 (P.L.304, NO.48) AND JULY 20, 2007 (P.L.278, NO.45), IS
16 AMENDED TO READ:
17 Section 2591.1. Commonwealth Reimbursements for Charter
18 Schools and Cyber Charter Schools.--(a) For the 2001-2002
19 school year, the Commonwealth shall pay to each school district
20 with resident students enrolled in a charter school, a charter
21 school approved under section 1717-A or 1718-A which provides
22 instruction through the Internet or other electronic means or a
23 cyber charter school as defined pursuant to Article XVII-A an
24 amount equal to thirty percent (30%) of the total funding
25 required under section 1725-A(a). If insufficient funds are
26 appropriated to make Commonwealth reimbursements under this
27 section, the reimbursements shall be made on a pro rata basis.
28 (b) For the 2002-2003 school year, the Commonwealth shall
29 pay to each school district that received funding under
30 subsection (a) for the 2001-2002 school year and that had
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1 resident students enrolled in a charter school, a charter school
2 approved under section 1717-A or 1718-A which provides
3 instruction through the Internet or other electronic means or a
4 cyber charter school as defined under Article XVII-A during the
5 2002-2003 school year an amount equal to the lesser of:
6 (1) the payment received for the 2001-2002 school year
7 pursuant to subsection (a); or
8 (2) thirty percent (30%) of the total funding required under
9 section 1725-A(a).
10 (c) For the 2002-2003 school year, the Commonwealth shall
11 pay to each school district that did not receive funding under
12 subsection (a) for the 2001-2002 school year and that had
13 resident students enrolled in a charter school, a charter school
14 approved under section 1717-A or 1718-A which provides
15 instruction through the Internet or other electronic means or a
16 cyber charter school as defined under Article XVII-A during the
17 2002-2003 school year an amount equal to thirty percent (30%) of
18 the total funding required under section 1725-A(a).
19 (c.1) (1) For the 2003-2004 school year and each school
20 year thereafter, except [for the 2006-2007 school year] as
21 provided under paragraph (2), the Commonwealth shall pay to each
22 school district with resident students enrolled during the
23 immediately preceding school year in a charter school, a charter
24 school approved under section 1717-A or 1718-A which provides
25 instruction through the Internet or other electronic means or a
26 cyber charter school as defined under Article XVII-A, an amount
27 equal to thirty percent (30%) of the total funding required
28 under section 1725-A(a).
29 (2) For the 2006-2007 and 2007-2008 school [year] years, the
30 payment required under this subsection shall be equal to thirty-
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1 two and forty-five hundredths percent (32.45%) of the amount
2 required under section 1725-A(a), where the school district has:
3 (i) average daily membership of resident students enrolled
4 in a charter school, a charter school approved under section
5 1717-A or 1718-A which provides instruction through the Internet
6 or other electronic means or a cyber charter school as defined
7 under Article XVII-A equal to or greater than twelve percent
8 (12%) of the school district's [2006-2007] average daily
9 membership for the school year;
10 (ii) a [2007-2008] market value/income aid ratio for the
11 school year of equal to or greater than six thousand ten
12 thousandths (.6000); and
13 (iii) made payments equal to or greater than one million
14 dollars ($1,000,000) as required under section 1725-A(a).
15 (d) (1) For the fiscal year 2003-2004 and each fiscal year
16 thereafter, if insufficient funds are appropriated to make
17 Commonwealth payments pursuant to this section, such payments
18 shall be made on a pro rata basis.
19 (2) For fiscal year 2007-2008, when determining if
20 sufficient funds are available, the Department of Education
21 shall include in the calculation two million dollars
22 ($2,000,000) in addition to the funds appropriated to the
23 Department of Education for this purpose.
24 Section 2 12. This act shall take effect July 1, 2008, or <--
25 immediately, whichever is later.
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