PRINTER'S NO.  1482

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1306

Session of

2011

  

  

INTRODUCED BY TALLMAN, COX, GROVE, CLYMER, FLECK, GILLEN, M. K. KELLER, KRIEGER, MILLER, MILNE, MUSTIO, O'NEILL, PICKETT, RAPP, REESE, ROAE, ROCK, SIMMONS AND VULAKOVICH, APRIL 7, 2011

  

  

REFERRED TO COMMITTEE ON EDUCATION, APRIL 7, 2011  

  

  

  

AN ACT

  

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

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act relating to the public school system, including certain

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provisions applicable as well to private and parochial

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schools; amending, revising, consolidating and changing the

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laws relating thereto," in reimbursements by Commonwealth and

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between school districts, further providing for basic

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education funding for student achievement; and repealing

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provisions relating to accountability to Commonwealth

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taxpayers.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 2502.48(c)(2) of the act of March 10,

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1949 (P.L.30, No.14), known as the Public School Code of 1949,

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

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Section 2502.48.  Basic Education Funding for Student

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Achievement.--* * *

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(c)  * * *

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[(2)  In furtherance of the General Assembly's long-standing

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commitment to providing adequate funding that will ensure

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equitable State and local investments in public education and in

 


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order to enable students to attain applicable Federal and State

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academic standards, it is the goal of this Commonwealth to

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review and meet State funding targets by fiscal year 2013-2014.]

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* * *

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Section 2.  Section 2502.49 of the act, added July 9, 2008

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(P.L.846, No.61), is repealed:

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[Section 2502.49.  Accountability to Commonwealth

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Taxpayers.--(a)  In any school district where the amount of

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basic education funding allocated pursuant to section 2502.48

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exceeds the amount of basic education funding allocated to the

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school district in the prior fiscal year by more than the index,

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the board of school directors shall use one hundred percent

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(100%) of the portion of the increase that exceeds the index as

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follows:

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(1)  At least eighty percent (80%) of such funds shall be

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used to offer any of the following for the first time or to

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expand any of the following:

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(i)  Programs that increase the amount of student

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instructional time, which may include tutoring, an extension of

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the school day or school calendar or intensive support for

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students who have limited English proficiency.

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(ii)  Implementation of new curricula or course offerings

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that increase the number of students who graduate from high

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school prepared for college and high-skill careers.

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(iii)  Training of professional employes in the delivery of a

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curriculum that increases the number of students who graduate

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from high school prepared for college and high-skill careers, in

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strategies for addressing the learning needs of students at risk

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of academic failure or needing remediation or in strategies to

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ensure that students stay in school until graduation and

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successfully transition to postsecondary education or the work

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force.

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(iv)  Reduction of class size.

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(v)  Prekindergarten or full-day kindergarten.

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(vi)  Incentives for the most effective highly qualified

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teachers and principals to work in a school identified for

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improvement or corrective action.

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(vii)  School library services, which may include the

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employment of school librarians or additional school library

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staff or the purchase of printed or electronic materials or

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other resources for the school library collection.

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(2)  No more than ten percent (10%) of such funds may be used

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to maintain existing programs that meet the criteria of

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paragraph (1) or for one-time costs necessary to the delivery of

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instruction that shall include books, materials or other

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supplies.

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(3)  No more than ten percent (10%) of such funds may be used

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for other programs or activities that are essential to achieving

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or maintaining academic performance targets and that are based

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on sound research or for one-time costs necessary to the

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delivery of instruction that shall include books, materials or

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other supplies.

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(b)  The following shall apply:

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(1)  A school district subject to this section shall submit a

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plan to the Department of Education no later than August 1,

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2008, and no later than April 15 of each year thereafter,

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detailing its intended use of funds subject to this section in

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the subsequent fiscal year. If a general appropriation bill that

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includes basic education funding for the applicable fiscal year

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has not been enacted prior to the deadline, a school district

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shall base its plan on the amount of basic education funding

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proposed in an executive budget and posted on the department's

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Internet website.

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(2)  The department shall review all plans and may provide

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recommendations to school districts within forty-five (45) days

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of receipt of the plan.

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(3)  Within ninety (90) days of receipt of a plan submitted

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by a school district identified for warning, improvement or

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corrective action or a school district with one or more schools

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identified for improvement or corrective action, the department

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shall approve or disapprove the plan. The department shall

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provide a written explanation to the board of school directors

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of any school district whose plan is disapproved.

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(4)  A school district whose plan has been disapproved shall

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amend and resubmit its plan as necessary until approved by the

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department.

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(c)  The department shall approve any school district

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achievement plan that:

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(1)  meets the requirements of this section;

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(2)  addresses the academic challenges identified in the

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school district's most recent student achievement results, with

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specific focus on individual schools, grade levels and

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populations of students that demonstrate inadequate levels of

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student achievement; and

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(3)  in the determination of the department, describes

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programs and strategies that are most likely to improve student

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achievement in the school district.

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(d)  For any school district where approval of a plan is

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required pursuant to subsection (b), and notwithstanding any

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other provision of law to the contrary, the department shall

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withhold the portion of the increase in basic education funding

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which exceeds the index until such a time as a plan is approved.

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(e)  The Department of Education shall:

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(1)  Provide technical assistance to any school district upon

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request for the development of a plan pursuant to this section.

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(2)  Determine the form and manner in which school districts

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shall submit a plan pursuant to this section.

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(3)  Review all plans submitted to the department and approve

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or disapprove plans as required pursuant to this section.

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(f)  Nothing in this section shall supersede or preempt any

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provisions of a collective bargaining agreement between a school

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entity and an employe organization in effect on the effective

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date of this section.]

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Section 3.  This act shall take effect immediately.

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