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        PRIOR PRINTER'S NO. 2673                      PRINTER'S NO. 3010

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

No. 460 Session of 2007


        INTRODUCED BY SIPTROTH, MACKERETH, D. O'BRIEN, DeWEESE, McCALL,
           SCAVELLO, BRENNAN, CALTAGIRONE, CAPPELLI, CURRY, CUTLER,
           DePASQUALE, EACHUS, GEORGE, GINGRICH, GOODMAN, GRUCELA,
           HARHAI, HARKINS, HERSHEY, HORNAMAN, KOTIK, LEVDANSKY,
           MANDERINO, McILVAINE SMITH, MICOZZIE, MYERS, NICKOL, PALLONE,
           PETRARCA, PETRONE, ROEBUCK, SAYLOR, SOLOBAY, SONNEY, STAIRS,
           STURLA, SURRA, WANSACZ, WOJNAROSKI, KULA, DALLY, YOUNGBLOOD,
           PASHINSKI, PAYTON, BARRAR, HENNESSEY, SWANGER, LENTZ AND
           VITALI, OCTOBER 18, 2007

        AS REPORTED FROM COMMITTEE ON EDUCATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, DECEMBER 12, 2007

                            A CONCURRENT RESOLUTION

     1  Establishing the Joint Legislative Commission on Public School
     2     Finance and providing for the powers and duties of the
     3     commission.

     4     WHEREAS, Section 14 of Article III of the Constitution of
     5  Pennsylvania clearly gives the General Assembly sole authority
     6  to "...provide for the maintenance and support of a thorough and
     7  efficient system of public education to serve the needs of the
     8  Commonwealth"; and
     9     WHEREAS, The General Assembly, as part of Act 114 of 2006,
    10  amended the Public School Code of 1949 to direct the State Board
    11  of Education to "...conduct or provide for a comprehensive
    12  Statewide costing-out study to arrive at a determination of the
    13  basic cost per pupil to provide an education that will permit a
    14  student to meet the State's academic standards and assessments"


     1  with a final report to be presented to the General Assembly one
     2  year from the date the contract to conduct the study was signed;
     3  and
     4     WHEREAS, The Commonwealth of Pennsylvania spends in excess of
     5  $14 billion on education in grades kindergarten through 12.
     6  According to the National Education Association, in 2004-2005
     7  Pennsylvania ranked 14th in expenditures per student at $9,638
     8  per pupil, well above the national average of $8,618; and
     9     WHEREAS, The Individuals with Disabilities Education Act
    10  places strict provisions for identification and services for
    11  children with special needs. Federal funding for the Individuals
    12  with Disabilities Education Act has historically been severely
    13  underfunded; and
    14     WHEREAS, The No Child Left Behind Act of 2001, which focuses
    15  on accountability, requiring states to close any existing
    16  achievement gaps and assure students are proficient in basic
    17  core academic subjects, is underfunded by the Federal
    18  Government; and
    19     WHEREAS, The Commonwealth has established academic standards
    20  and Statewide assessments in order to move Pennsylvania's
    21  students toward defined proficiencies in core academic subjects;
    22  and
    23     WHEREAS, Over the past three decades, efforts have been made
    24  throughout the nation to revise state systems for funding public
    25  schools; and
    26     WHEREAS, Both Federal and State courts have increasingly been
    27  asked to review the constitutionality of educational funding
    28  systems that rely on local property taxes; and
    29     WHEREAS, Opposition to existing State funding systems has
    30  centered on the argument that dependence on local property taxes
    20070H0460R3010                  - 2 -     

     1  yields disparities in funding between school districts that
     2  violate constitutional provisions regarding equal protection, as
     3  well as State constitutional obligations with regard to
     4  education; and
     5     WHEREAS, Pennsylvania currently ranks 11th in the nation in
     6  the number of individual school districts; and
     7     WHEREAS, Concerns have been raised that this large number of
     8  administrative units is not cost effective and the merging of
     9  some districts or regionalization of services would be more
    10  efficient both economically and educationally; therefore be it
    11     RESOLVED (the Senate concurring), That the General Assembly
    12  establish the Joint Legislative Commission on Public School
    13  Finance as a means of analyzing the results of the State Board
    14  of Education's costing-out study and making recommendations on
    15  issues surrounding Pennsylvania's current system of funding
    16  public education; and be it further
    17     RESOLVED, That the commission have as its purpose identifying
    18  what school districts AND THE COMMONWEALTH need to do to improve  <--
    19  the chances of students, schools and the districts themselves
    20  meeting the requirements of the State's accountability system;
    21  and be it further
    22     RESOLVED, That specific goals of the commission include
    23  ensuring that State funds allocated for basic education funding
    24  are distributed both adequately and equitably; that the
    25  allocation of State funding addresses and is reflective of
    26  unique characteristics among districts, including changes in
    27  demography; that the allocation of State funding is linked with
    28  measures of APPROPRIATE accountability; and that school           <--
    29  districts remain accountable for meeting State academic
    30  standards and attaining student proficiency; and be it further
    20070H0460R3010                  - 3 -     

     1     RESOLVED, That the commission consist of members appointed as
     2  follows:
     3         (1)  A recognized expert in the field of public school
     4     finance currently employed at a Commonwealth institution of
     5     higher education to be chosen jointly by the President pro
     6     tempore of the Senate and the Speaker of the House of
     7     Representatives and who shall serve as the chairperson of the
     8     commission.
     9         (2)  The chairman and minority chairman of the Education
    10     Committee of the Senate and the chairman and minority
    11     chairman of the Education Committee of the House of
    12     Representatives or their designees who are members of the
    13     respective committees.
    14         (3)  The chairman and minority chairman of the
    15     Appropriations Committee of the Senate and the chairman and
    16     minority chairman of the Appropriations Committee of the
    17     House of Representatives or their designees who are members
    18     of the respective committees.
    19         (4)  Four additional members of the General Assembly, one
    20     of whom is to be appointed by each of the following: the
    21     Majority Leader of the Senate, the Minority Leader of the
    22     Senate, the Majority Leader of the House of Representatives
    23     and the Minority Leader of the House of Representatives.
    24         (5)  The Secretary of Education or a designee who shall
    25     be a deputy secretary within the Department of Education.
    26         (6)  The Secretary of the Budget or a designee who shall
    27     be an employee of the Office of the Budget.
    28         (7)  The chairperson of the State Board of Education or a
    29     designee who shall be a member of the State Board of
    30     Education.
    20070H0460R3010                  - 4 -     

     1         (8)  Representatives of the State's basic education
     2     community as follows:
     3             (i)  Four classroom teachers, two of whom shall be
     4         appointed jointly by the Majority Leader of the Senate
     5         and the Majority Leader of the House of Representatives
     6         from a list provided by each of the established
     7         recognized organizations representing the State's public
     8         school employees.
     9             (ii)  A school business manager jointly appointed by
    10         the Majority Leader of the Senate and the Majority Leader
    11         of the House of Representatives from a list provided by
    12         the Pennsylvania Association of School Business
    13         Officials.
    14             (iii)  Three chief school administrators appointed
    15         jointly by the Majority Leader of the Senate and the
    16         Majority Leader of the House of Representatives from a
    17         list provided by the Pennsylvania Association of School
    18         Administrators, one from an urban school district, one
    19         from a suburban school district and one from a rural
    20         school district.
    21             (iv)  A vocational-technical school administrator
    22         appointed jointly by the Majority Leader of the Senate
    23         and the Majority Leader of the House of Representatives
    24         from a list provided by the Pennsylvania Association of
    25         Vocational Administrators.
    26             (v)  An intermediate unit director appointed jointly
    27         by the Majority Leader of the Senate and the Majority
    28         Leader of the House of Representatives from a list
    29         provided by the Pennsylvania Association of Intermediate
    30         Units.
    20070H0460R3010                  - 5 -     

     1             (vi)  Three elected school board directors appointed
     2         jointly by the Majority Leader of the Senate and the
     3         Majority Leader of the House of Representatives from a
     4         list provided by the Pennsylvania School Boards
     5         Association, one from an urban school district, one from
     6         a suburban school district and one from a rural school
     7         district.
     8             (vii)  A representative of Pennsylvania's charter
     9         school community appointed jointly by the Majority Leader
    10         of the Senate and the Majority Leader of the House of
    11         Representatives from a list provided by the Pennsylvania
    12         Coalition of Charter Schools.
    13             (viii)  Three parents of students enrolled in a
    14         Pennsylvania public school appointed jointly by the
    15         Majority Leader of the Senate and the Majority Leader of
    16         the House of Representatives from a list provided by the
    17         Pennsylvania Parent Teacher Association, one of whom
    18         shall be the parent of a special needs student.
    19             (ix)  Four representatives of this Commonwealth's
    20         business community, one of each whom shall be appointed
    21         by the Majority Leader of the Senate, the Minority Leader
    22         of the Senate, the Majority Leader of the House of
    23         Representatives and the Minority Leader of the House of
    24         Representatives.
    25             (x)  Four representatives from this Commonwealth's
    26         education community appointed by the Governor, two of
    27         whom shall be representatives of a Statewide education or
    28         child advocacy organization and two of whom shall be
    29         representatives of a teacher preparation institution of
    30         higher education located in this Commonwealth.
    20070H0460R3010                  - 6 -     

     1  To the extent possible, appointments shall reflect the various
     2  geographic regions of this Commonwealth. Notification of
     3  appointments to the commission shall be furnished to the
     4  President pro tempore of the Senate and the Speaker of the House
     5  of Representatives by the appointing body no later than 30 days
     6  after adoption of this resolution by both chambers AND THAT       <--
     7  APPOINTMENTS BE MADE BY THE GOVERNOR, THE PRESIDENT PRO TEMPORE
     8  OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES NO
     9  LATER THAN 45 DAYS AFTER ADOPTION OF THIS RESOLUTION BY BOTH
    10  CHAMBERS; and be it further
    11     RESOLVED, That the commission have the following powers and
    12  duties:
    13         (1)  To review the findings and recommendations from the
    14     Statewide costing-out study conducted by the State Board of
    15     Education pursuant to section 2599.3 of the Public School
    16     Code of 1949.
    17         (2)  To examine national trends in educational funding,
    18     including foundation programs, percentage equalization and
    19     guaranteed yield programs and their potential relevance for
    20     Pennsylvania.
    21         (3)  To review methods that attempt to link adequate and   <--
    22     equitable funding to a system of accountability such as
    23     value-added assessment systems.
    24         (3)  TO REVIEW SYSTEMS THAT ASSIST IN DETERMINING STUDENT  <--
    25     ACHIEVEMENT SUCH AS A VALUE-ADDED ASSESSMENT SYSTEM.
    26         (4)  To examine Federal mandates, including the
    27     Individuals with Disabilities Education Act and the No Child
    28     Left Behind Act of 2001 and their impact on Pennsylvania's
    29     public schools.
    30         (5)  To examine State regulations, standards and
    20070H0460R3010                  - 7 -     

     1     guidelines that implement Federal and State laws and their
     2     impact on Pennsylvania's public schools.
     3         (6)  To study demographic patterns within this
     4     Commonwealth in order to determine the impact of both growth
     5     and decline in student enrollments on school districts'
     6     operations and costs, and the positive and negative aspects
     7     of school consolidation as a means to affect cost
     8     efficiencies.
     9         (7)  To examine the efficacy of consolidating existing
    10     funding programs used to disperse State education funds and
    11     to analyze the advantages and disadvantages of targeted
    12     categorical funding.
    13         (8)  To review potential local cost control mechanisms     <--
    14     that may become necessary, should the commission's
    15     recommendations lead to the State's assuming greater funding
    16     responsibility.
    17         (8)  TO REVIEW THE FINDINGS OF THE TASK FORCE ON SCHOOL    <--
    18     COST REDUCTION NOVEMBER 2007 REPORT TO THE GOVERNOR AND
    19     GENERAL ASSEMBLY AND INCORPORATE RECOMMENDATIONS FROM THAT
    20     REPORT IN THE COMMISSION'S REPORTS AS APPROPRIATE.
    21         (9)  To examine opportunities for improved cooperation
    22     and consolidation among districts to:
    23             (i)  improve the efficiency and effectiveness of
    24         school districts' operations in order to achieve savings;
    25         and
    26             (ii)  enhance student achievement.
    27         (10)  TO EXAMINE STATEWIDE TRENDS IN THE STUDENT           <--
    28     POPULATION IN PENNSYLVANIA'S PUBLIC SCHOOLS INCLUDING
    29     STUDENTS WITH DISABILITIES, STUDENTS LIVING IN POVERTY AND
    30     STUDENTS WITH LIMITED ENGLISH PROFICIENCY AND THEIR IMPACT ON
    20070H0460R3010                  - 8 -     

     1     COSTS TO PENNSYLVANIA'S PUBLIC SCHOOLS ASSOCIATED WITH THESE
     2     STUDENTS MEETING STATE ACADEMIC STANDARDS AND THE NO CHILD
     3     LEFT BEHIND ACT OF 2001;
     4  and be it further
     5     RESOLVED, That the commission develop, at a minimum, two
     6  formulae for the adequate and equitable distribution of State
     7  funds for the support of public schools in this Commonwealth and
     8  other recommendations based upon its study; and be it further
     9     RESOLVED, That the commission hold public hearings to receive
    10  public comment and testimony on proposed funding formulae and
    11  other recommendations of the commission; and be it further
    12     RESOLVED, That the commission hold its first meeting no later
    13  than 60 30 days following the appointment of members; and be it   <--
    14  further
    15     RESOLVED, That the commission have the authority to adopt, by
    16  majority vote of its membership, rules of operation and conduct;
    17  and be it further
    18     RESOLVED, That the commission hold meetings at the call of
    19  the chairperson and may hold hearings, take testimony and make
    20  its investigations at such places as it deems necessary in this
    21  Commonwealth; and be it further
    22     RESOLVED, That all meetings and public hearings of the
    23  commission be considered public meetings for the purpose of 65
    24  Pa.C.S. Ch. 7; and be it further
    25     RESOLVED, That the commission members receive no compensation
    26  for their services, but shall be reimbursed for all necessary
    27  travel and other reasonable expenses incurred in connection with
    28  the performance of their duties as members; and be it further
    29     RESOLVED, That the commission be authorized to hire or
    30  contract for such services as it deems necessary and that all
    20070H0460R3010                  - 9 -     

     1  expenses approved by the President pro tempore of the Senate and
     2  the Speaker of the House of Representatives and incurred or
     3  authorized by the commission shall be paid equally from accounts
     4  under the control of the Chief Clerk of the Senate and the Chief
     5  Clerk of the House of Representatives; and be it further
     6     RESOLVED, That the Senate and the House of Representatives
     7  provide administrative support, office space and any other
     8  assistance required by the commission to carry out its duties;
     9  and be it further
    10     RESOLVED, That, whenever possible, the commission utilize the
    11  services and expertise of existing personnel and staff of the
    12  General Assembly in the performance of its duties; and be it
    13  further
    14     RESOLVED, That the commission make a report of its findings    <--
    15  and recommendations to the Governor, the President pro tempore
    16  of the Senate and the Speaker of the House of Representatives no
    17  later than one year from the first meeting date of the
    18  commission; and be it further
    19     RESOLVED, THAT THE COMMISSION MAKE AN INTERIM REPORT NO LATER  <--
    20  THAN 180 CALENDAR DAYS FROM THE FIRST MEETING DATE OF THE
    21  COMMISSION AND A FINAL REPORT NO LATER THAN ONE YEAR FROM THE
    22  FIRST MEETING DATE OF THE COMMISSION OF ITS FINDINGS AND
    23  RECOMMENDATIONS TO THE GOVERNOR, THE PRESIDENT PRO TEMPORE OF
    24  THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; AND
    25  BE IT FURTHER
    26     RESOLVED, That upon receipt of the final report of the
    27  commission, the General Assembly promptly review and consider
    28  the recommendations of the commission and develop legislation
    29  based on the commission's recommendations for consideration as
    30  it deems appropriate.
    J15L82BIL/20070H0460R3010       - 10 -