THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROEBUCK, CLYMER, CARROLL, BISHOP, CALTAGIRONE, SIPTROTH, THOMAS AND BELFANTI, MAY 19, 2010

REFERRED TO COMMITTEE ON EDUCATION, MAY 19, 2010  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," providing for the American Recovery

and Reinvestment Act of 2009 and for certified safety

committees; further providing for transferred programs and

classes, for actual cost of tuition and maintenance of

certain exceptional children in the four chartered schools

for education of the deaf and the blind, for the Educational

Assistance Program, for education empowerment districts, for

financial program and reimbursement of payments, for duties

of public institutions of higher education and for the

Transfer and Articulation Oversight Committee; providing for

participation by State-related institutions and for library

funds; further providing for basic education funding for

student achievement, for accountability to Commonwealth

taxpayers, for special education payments to school

districts, for payments on account of homebound children and

for Pennsylvania Accountability Grants; and making a repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding sections

to read:

Section 118.  American Recovery and Reinvestment Act of

2009.--Notwithstanding any other provision of law, funds

received under the American Recovery and Reinvestment Act of

2009 (Public Law 111-5, 123 Stat. 115) shall be spent in

accordance with the American Recovery and Reinvestment Act of

2009 and applicable rules and guidelines developed by the

Federal Government.

Section 615.  Certified Safety Committee.--(a)  Each school

district shall take such steps as necessary during fiscal year

2009-2010 in order to have or maintain a certified safety

committee by December 31, 2010, for the purposes of section

1002(b) of the act of June 2, 1915 (P.L.736, No.338), known as

the "Workers' Compensation Act." The Department of Labor and

Industry shall provide the Department of Education with the list

of school districts that have a certified safety committee. In

the case of a school district that does not submit evidence to

the Department of Education that complies with this subsection,

the Department of Education shall deduct from any allocation

from the Commonwealth to which the school district is entitled

the amount of the discount the school district would otherwise

receive under section 1002(b) of the "Workers' Compensation

Act."

(b)  Subsection (a) shall not apply to a school district that

cannot receive a premium discount under section 1002(b) of the

"Workers' Compensation Act," or an equivalent reduction in

contribution rates, by establishing and maintaining a certified

safety committee because it is authorized to self-insure its

liabilities under section 305 of the "Workers' Compensation Act"

or pool its liabilities under section 802 of the "Workers'

Compensation Act."

Section 2.  Section 1113 of the act is amended by adding a

subsection to read:

Section 1113.  Transferred Programs and Classes.--* * *

(b.3)  (1)  The following shall apply to professional and

temporary professional employes of a school formerly operated by

the Commonwealth:

(i)  The Commonwealth shall create a pool for each school

comprised of the professional and temporary professional

employes who have received formal notice of suspension from the

Commonwealth as a result of the Commonwealth's decision to cease

Commonwealth operation of the school.

(ii)  For the three school years immediately following the

formal notice of suspension from the Commonwealth, employes in a

pool created under subclause (i) shall be offered employment by

each eligible school entity as determined under subclause (iv)

associated with the applicable pool created under subclause (i),

when that eligible school entity has a vacancy for a position

that an employe in the applicable pool is properly certified to

fill, provided that no employe of the eligible school entity in

which the vacancy exists, including a suspended or demoted

employe, has a right to the vacancy under this act or the

collective bargaining agreement of the respective eligible

school entity.

(iii)  For the three school years immediately following the

formal notice of suspension from the Commonwealth, no new

employe shall be hired by an eligible school entity as

determined under subclause (iv) associated with the applicable

pool created under subclause (i), until the position has been

offered, in order of seniority, to all properly certified

members of the applicable pool created under subclause (i).

(iv)  For the purpose of subclauses (ii) and (iii), an

"eligible school entity" shall be determined as follows:

(A)  a school district, vocational-technical school or

intermediate unit, the administration building of which is

seventeen (17) miles or less from the administration building of

a school formerly operated by the Commonwealth or a school

district which is adjacent to the school district in which a

school formerly operated by the Commonwealth was situate; or

(B)  a school district with average daily membership greater

than or equal to eight thousand (8,000), the administration

building of which is forty-five (45) miles or less from the

administration building of a school formerly operated by the

Commonwealth, and which relies on State revenue for no less than

fifty percent (50%) of the school district's total budget in the

most recent year for which data has been published on the

Department of Education's public Internet website.

(2)  (i)  Employes hired from a pool under clause (1) and

former employes of a school formerly operated by the

Commonwealth who resigned from a school formerly operated by the

Commonwealth within the six months prior to the effective date

of an act of the General Assembly declining to fund the school

and who accepted employment at a school district, intermediate

unit or vocational-technical school shall be credited by the

hiring school district, intermediate unit or vocational-

technical school for all sick leave accumulated in the school

and shall be credited for years of service in the school for

purposes of salary schedule placement. Employes shall further be

credited for their years of service in the school for purposes

of sabbatical leave eligibility, suspension and realignment

rights and eligibility for any retirement incentives or

severance payments in a hiring school district, intermediate

unit or vocational-technical school.

(ii)  Nothing in this clause shall be construed to supersede

or preempt any provision of an individual employment agreement

between a school district, intermediate unit or vocational-

technical school and an employe entered into prior to October 9,

2009, or any provision of a collective bargaining agreement in

effect as of October 9, 2009, and negotiated by a school entity

and an exclusive representative of the employes in accordance

with the act of July 23, 1970 (P.L.563, No.195), known as the

"Public Employe Relations Act."

* * *

Section 3.  Section 1376.1(b.2) of the act is amended by

adding paragraphs to read:

Section 1376.1.  Actual Cost of Tuition and Maintenance of

Certain Exceptional Children in the Four Chartered Schools for

Education of the Deaf and the Blind.--* * *

(b.2)  Payments are as follows:

* * *

(4)  Transition funding:

(i)  In addition to any other funding provided pursuant to

this subsection, the Department of Education shall provide to

each chartered school in the 2009-2010 school year for

enrollment during the 2009-2010 school year for one or more

students who were enrolled as of May 1, 2009, in a school for

the deaf formerly operated by the Commonwealth, an amount equal

to the product of the following:

(A)  The number of students enrolled in the chartered school

as of October 1, 2009, who were enrolled as of May 1, 2009, in a

school for the deaf formerly operated by the Commonwealth,

divided by the total number of such students enrolled in all

chartered schools as of October 1, 2009, who were enrolled as of

May 1, 2009, in a school for the deaf formerly operated by the

Commonwealth.

(B)  Three million three hundred thousand dollars

($3,300,000).

(ii)  In addition to any other funds provided to a chartered

school under subparagraph (i), the department shall provide to

each chartered school that establishes a satellite campus with

approval of the department for the purpose of enrolling students

previously enrolled in a school for the deaf formerly operated

by the Commonwealth, the amount of twenty-seven thousand two

hundred seventy-three dollars ($27,273) multiplied by the number

of students enrolled in the chartered school as of October 1,

2009, who were enrolled as of May 1, 2009, in a school for the

deaf formerly operated by the Commonwealth, provided that the

total amount under this subparagraph shall not exceed two

million one hundred thousand dollars ($2,100,000).

(5)  For the 2010-2011 school year and every school year

thereafter, payments under this subsection for a chartered

school that establishes a satellite campus with the approval of

the department for the purpose of enrolling students previously

enrolled in a school for the deaf formerly operated by the

Commonwealth shall, in addition to any amount otherwise

calculated under this subsection, include the amount provided in

fiscal year 2009-2010 pursuant to paragraph (4)(ii). The total

shall be subject to the annual adjustment under paragraph (1).

(6)  For the 2010-2011 and 2011-2012 school years, in

addition to any other funds provided to it, the department shall

provide to a chartered school that establishes a satellite

campus with approval of the department for the purpose of

enrolling students previously enrolled in a school for the deaf

formerly operated by the Commonwealth, out of funds appropriated

to the department, an amount equal to five hundred thousand

dollars ($500,000) annually to the extent appropriated by the

General Assembly.

* * *

Section 4.  Section 1512-C(g) and (j) of the act, amended or

added July 9, 2008 (P.L.846, No.61), are amended to read:

Section 1512-C.  Educational Assistance Program.

* * *

(g)  Educational assistance funding.--

(1)  During the 2003-2004, 2004-2005, 2005-2006,

2006-2007, 2007-2008 [and], 2008-2009 and 2009-2010 school

years, the department shall provide each eligible school

entity with educational assistance funding calculated by:

(i)  Dividing the number of Pennsylvania System of

School Assessment tests administered in the eligible

school entity on which students scored below proficient

in reading or mathematics by the total number of

Pennsylvania System of School Assessment tests

administered in the eligible school entity in reading and

mathematics during the 2002-2003 school year.

(ii)  Multiplying the quotient from subparagraph (i)

by the average daily membership of the eligible school

entity during the 2002-2003 school year.

(iii)  Multiplying the product from subparagraph (ii)

by the dollar value of funds appropriated to the

Department of Education for the Educational Assistance

Program in the 2004-2005 fiscal year.

(iv)  Dividing the product from subparagraph (iii) by

the sum of the products of subparagraph (ii) for all

eligible school entities that qualify for grant funds

under this paragraph.

(1.1)  During the 2005-2006, 2006-2007, 2007-2008 [and], 

2008-2009 and 2009-2010 school years, the department shall

provide each school entity with at least one school that has

failed to achieve its 2005 mathematics proficiency target or

its 2005 reading proficiency target with educational

assistance funding for the support of tutoring services to

eligible students enrolled in seventh through twelfth grades.

Such funding shall be calculated as follows:

(i)  Dividing the number of Pennsylvania System of

School Assessment tests administered in the eligible

school entity to eleventh grade students on which such

students scored below the 2005 reading or mathematics

proficiency target by the total number of Pennsylvania

System of School Assessment tests administered in the

eligible school entity to eleventh grade students in

reading and mathematics during the 2003-2004 school year.

(ii)  Multiplying the quotient from subparagraph (i)

by the average daily membership of the eligible school

entity during the 2004-2005 school year.

(iii)  Multiplying the product from subparagraph (ii)

by the difference between the dollar value of funds

appropriated to the department for the educational

assistance program in the 2004-2005 fiscal year and the

dollar value of funds appropriated to the department for

the educational assistance program in the 2007-2008

fiscal year.

(iv)  Dividing the product from subparagraph (iii) by

the sum of the products of subparagraph (ii) for all

eligible school entities that qualify for grant funds

under this paragraph.

(2)  The amount of educational assistance funding

provided under this article shall be limited to funds

appropriated for this purpose.

* * *

(j)  Pro rata distribution.--For the 2008-2009 [fiscal year]

and 2009-2010 fiscal years, if insufficient funds are

appropriated to make Commonwealth payments pursuant to this

section, such payments shall be made on a pro rata basis.

Section 5.  Section 1705-B(h)(4) of the act, amended July 9,

2008 (P.L.846, No.61), is reenacted and amended to read:

Section 1705-B.  Education Empowerment Districts.--* * * 

(h)  * * *

(4)  The department may utilize up to $4,500,000 of

undistributed funds not expended, encumbered or committed from

appropriations for grants and subsidies made to the department

to assist school districts certified as an education empowerment

district under paragraph (3). There is hereby established a

restricted account from which payments under this paragraph

shall be paid. Funds shall be transferred by the Secretary of

the Budget to the restricted account to the extent necessary to

make payments under this paragraph. Funds in the restricted

account are hereby appropriated to carry out the purposes of

this paragraph. The subsidy payment from this account shall be

utilized to supplement the operational budget of the eligible

school districts. This paragraph shall apply to fiscal years

2000-2001, 2001-2002, 2002-2003, 2003-2004, 2004-2005,

2005-2006, 2006-2007, 2007-2008 [and], 2008-2009 and 2009-2010 

and shall expire June 30, [2009] 2010.

Section 6.  Section 1913-A(b) of the act is amended by adding

a paragraph to read:

Section 1913-A.  Financial Program; Reimbursement of

Payments.--* * *

(b)  * * *

(1.9)  For the 2009-2010 fiscal year and notwithstanding any

other provision of law, Federal and State funds shall be

distributed to each community college in an amount equal to the

amount paid under paragraph (1.6) during the 2008-2009 fiscal

year. If insufficient funds are appropriated, the payments shall

be made on a pro rata basis.

* * *

Section 7.  Section 2002-C of the act, added July 11, 2006

(P.L.1092, No.114), is amended to read:

Section 2002-C.  Duties of public institutions of higher

education.

(a)  Completion.--Each public institution of higher education

shall complete all of the following by June 30, 2008:

(1)  Participate in the development and implementation of

equivalency standards pursuant to section 2004-C(c)(1).

(2)  Establish and maintain records and data detailing

the credits transferred to and received from other public

institutions of higher education as the department may

prescribe.

(3)  Make any reasonable changes and modifications to its

foundation courses, including the strengthening of the

courses, to ensure equivalency of those credits among the

public institutions of higher education, as recommended by

the Transfer and Articulation Oversight Committee.

(4)  Agree to accept for transfer foundation courses

determined to meet equivalency standards under section 2004-

C(c)(2).

(a.1)  Completion of second phase.--Each public institution

of higher education shall agree to accept with full junior

standing the associate of arts or associate of science degree

into a parallel baccalaureate program as outlined under section

2004-C(c)(2.1), (2.2), (2.3) and (2.4) by the timelines

established by the transfer and articulation oversight

committee, but no later than December 31, 2011. For the purposes

of this subsection, an associate of arts or associate of science

degree is a degree designed primarily for transfer to a

baccalaureate institution and which contains a minimum of 60

credits.

(b)  Reporting requirements.--

(1)  A public institution of higher education shall

submit to the department a series of interim reports

outlining the actions that the public institution of higher

education has undertaken or intends to undertake to comply

with subsection (a), which shall be filed December 31, 2006,

June 30, 2007, and December 31, 2007.

(2)  Each public institution of higher education shall

submit to the department interim reports outlining the

actions that the public institution of higher education has

undertaken or intends to undertake to comply with subsection

(a.1), which shall be filed by December 31, 2009, June 30,

2010, and December 31, 2010.

Section 8.  Section 2004-C(c) of the act is amended by adding

paragraphs to read:

Section 2004-C.  Transfer and Articulation Oversight Committee.

* * *

(c)  Duties of Transfer and Articulation Oversight

Committee.--The committee shall:

* * *

(2.1)  By December 1, 2009, consult with the department

on a process and timeline, subject to approval by the

department, to identify the associate of arts or associate of

science degree aligned with the graduation requirements of

the parallel baccalaureate degree in all public institutions

of higher education in consultation with faculty and

personnel.

(2.2)  Identify associate of arts or associate of science

degree programs for transfer with full junior standing into a

parallel baccalaureate degree in consultation with faculty

and personnel in those degree programs by December 31, 2011.

(2.3)  Identify modifications that may be required in

existing associate or baccalaureate degrees to satisfy

external accreditation or licensure requirements in

consultation with faculty and personnel. Approved

modifications shall recognize all competencies attained

within either the associate or baccalaureate programs.

(2.4)  Define requirements, in consultation with faculty

and personnel, for education degrees, including early

childhood education degrees, leading to certification to be

included in an associate degree and to be accepted for

transfer with full junior standing into a parallel

baccalaureate degree program.

* * *

Section 9.  The act is amended by adding sections to read:

Section 2006.1-C.  Participation by State-related institutions.

(a)  Identification.--No later than June 15, 2010, each

State-related institution shall identify 30 credit hours of

course content from equivalent courses identified under this

article that it will accept from a student accepted for transfer

from an institution of higher education participating in this

article. A State-related institution shall count a course in the

same manner that it would count the same or equivalent course if

taken by a student at the State-related institution.

(b)  Posting.--Each State-related institution shall make the

information identified under subsection (a) available to the

department for posting on the department's publicly accessible

Internet website.

(c)  Construction.--Nothing in this section shall be

construed to do any of the following:

(1)  Require a State-related institution to apply a

course to graduation or degree requirements if that course or

its equivalent course would not be applied to graduation or

degree requirements if taken at the State-related

institution.

(2)  Infringe on a State-related institution's sole

authority to accept a student for transfer, to determine

acceptance into a major, to determine the campus assignment

of the student or to determine how many and which credit

hours shall apply for the transfer student toward the

completion of a degree. The manner in which accepted courses

apply toward completion of a degree and whether they are

counted for general education, major or free elective credit

shall be subject to the requirements established by the

accepting State-related institution for each individual major

or program of study.

(3)  Prohibit a State-related institution's ability to

enter into discussions with the department to increase the

number of credits under subsection (a).

Section 2318.  Library funds.

(a)  Distribution.--Funds appropriated for libraries shall be

distributed to each library under the following formula:

(1)  Divide the sum of the amount of funding that the

library received in fiscal year 2007-2008 under section 2316

by the total State-aid subsidy for fiscal year 2007-2008.

(2)  Multiply the quotient under subparagraph (i) by the

total State-aid subsidy for 2009-2010.

(b)  Remaining funds.--Following distribution of funds

appropriated for State aid to libraries, any remaining funds may

be distributed at the discretion of the State Librarian.

(c)  Waiver.--If funds appropriated for State aid to

libraries in fiscal year 2009-2010 are less than funds

appropriated in fiscal year 2002-2003, the State Librarian may

waive standards as prescribed under section 103 of the act of

June 14, 1961 (P.L.324, No.188), known as The Library Code,

relating to hours of operation, continuing professional

development, collections, expenditures and other aspects of

library operation.

(d)  Local share.--The following shall apply:

(1)  Each library system receiving State aid under this

section may distribute the local library share of that aid in

a manner as determined by the board of directors of the

library system.

(2)  Paragraph (1) shall not apply to a library system

operating in a county of the second class.

Section 10.  Section 2502.48(a) and (b)(5) of the act, added

July 9, 2008 (P.L.846, No.61), are amended and the section is

amended by adding a subsection to read:

Section 2502.48.  Basic Education Funding for Student

Achievement.--(a)  The Department of Education shall calculate a

base cost per student. For the 2007-2008 school year, the base

cost per student shall be eight thousand three dollars ($8,003),

increased by the 2008-2009 index. For the 2008-2009 school year,

the base cost per student shall be the base cost per student of

the prior school year, increased by the index for the school

year in which funding will be paid.

(b)  The Department of Education shall determine an adequacy

target for each school district by calculating the sum of the

following:

* * *

(5)  An adjustment for geographic price differences

calculated as follows:

(i)  Add the amounts under paragraphs (1), (2), (3) and (4).

(ii)  Multiply:

(A)  the sum under subparagraph (i); by

(B)  the school district's location cost metric for the

2007-2008 school year; or

(C)  the school district's location cost metric or one (1),

whichever is greater, for the 2008-2009 school year.

(iii)  Subtract:

(A)  the sum under subparagraph (i); from

(B)  the product under subparagraph (ii).

* * *

(d.1)  The Commonwealth shall pay to each school district a

basic education funding allocation for the 2008-2009 school year

which shall consist of the following:

(1)  An amount equal to the allocations received by the

school district for the 2007-2008 school year under subsections

(d)(1) and (2) and (e).

(2)  If a school district has been declared a Commonwealth

partnership school district under Article XVII-B, an amount

equal to two million dollars ($2,000,000).

(3)  (i)  For a school district subject to subsection (d)(3)

(i), twenty-seven and eighty-two one-hundredths percent (27.82%)

of the State funding target determined under subsection (c)(1).

(ii)  For a school district subject to subsection (d)(3)(ii),

twenty-one and four-tenths percent (21.4%) of the State funding

target determined under subsection (c)(1).

(4)  Any additional amount required so that the total amount

provided under this subsection equals two percent (2%) greater

than the amount provided under subsections (d) and (e).

* * *

Section 11.  Section 2502.49(b) of the act is amended by

adding a paragraph to read:

Section 2502.49.  Accountability to Commonwealth Taxpayers.--

* * *

(b)  The following shall apply:

* * *

(5)  (i)  For the 2008-2009 school year, the Department of

Education may grant a waiver for the use of up to twenty-five

percent (25%) of the funds subject to subsection (a)(1) if all

of the following apply:

(A)  The school district would otherwise be required to

reduce or eliminate one or more of the programs listed in

subsection (a)(1) due to a projected budget shortfall.

(B)  The funds subject to the waiver must be used to maintain

one or more existing programs listed under subsection (a)(1).

(C)  The school district has, in the determination of the

department, pursued alternative opportunities for greater

efficiency and internal savings in order to fund the program or

programs without need for a waiver.

(D)  The program to be maintained addresses a significant

need of the school district's students and has demonstrated

effectiveness at increasing student achievement in the school

district, in the determination of the department.

(ii)  The decision to grant a waiver shall be at the sole

discretion of the department and shall not be subject to appeal.

* * *

Section 12.  Section 2509.5 of the act is amended by adding a

subsection to read:

Section 2509.5.  Special Education Payments to School

Districts.--* * *

(aaa)  For the 2009-2010 fiscal year, funds appropriated for

special education payments to school districts shall be

distributed to each school district in an amount equal to the

amount paid during the 2008-2009 school year under subsection

(zz). If insufficient funds are appropriated, the payments shall

be made on a pro rata basis.

Section 13.  Section 2510.1 of the act, added February 1,

1966 (1965 P.L.1642, No.580), is amended to read:

Section 2510.1.  Payments on Account of Homebound Children.--

Every school district, regardless of classification, shall be

paid by the Commonwealth for the school year 1966-1967 through

the school year 2006-2007, [and for each school year

thereafter,] on account of the instruction of homebound

children, an amount determined by multiplying the mandated

minimum hourly rate for instructing homebound children by the

district's aid ratio.

Section 14.  Section 2599.2(d.4) of the act, added July 9,

2008 (P.L.846, No.61), is amended to read:

Section 2599.2.  Pennsylvania Accountability Grants.--* * *

(d.4)  During the 2008-2009 and 2009-2010 school [year]

years, the department shall pay to each school district a

Pennsylvania accountability grant equal to the amount paid

during the 2007-2008 school year under subsections (d.2) and

(d.3). If insufficient funds are appropriated, the payments

shall be made on a pro rata basis.

* * *

Section 15.  Repeals are as follows:

(1)  The General Assembly declares that the repeals under

paragraph (2) are necessary to effectuate the following:

(i)  The addition of sections 118, 615, 1113(b.3),

1376(b.2)(4), (5) and (6), 1913-A(b)(1.9), 2318,

2502.48(d.1), 2509.5(aaa), 2004-C(c)(2.1), (2.2), (2.3),

(2.4) and (2.5) and 2006.1-C of the act.

(ii)  The amendment of sections 1512-C(g)(1) and

(1.1) and (j), 1705-B(h)(4), 2002-C, 2510.1 and

2599.2(d.4) of the act.

(2)  Sections 1722-E and 1722-J(1), (4), (5), (8), (9),

(10), (12), (14) and (17) of the act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code, are repealed.

Section 16.  The reenactment of section 1705-B(h)(4) of the

act shall apply retroactively to June 30, 2009.

Section 17.  This act shall take effect immediately.