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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY SCHWANK, COSTA, HUGHES, FERLO, FONTANA, STACK, KASUNIC, LEACH, SOLOBAY AND BROWNE, MARCH 16, 2012 |
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| REFERRED TO EDUCATION, MARCH 16, 2012 |
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| AN ACT |
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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," providing for Priority Assistance |
6 | Grant for Education Program. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. The act of March 10, 1949 (P.L.30, No.14), known |
10 | as the Public School Code of 1949, is amended by adding a |
11 | section to read: |
12 | Section 2599.4. Priority Assistance Grant for Education |
13 | Program.--(a) Beginning with the 2012-2013 fiscal year, the |
14 | Department of Education shall establish the Priority Assistance |
15 | Grant for Education Program to support students enrolled in |
16 | qualifying school districts. The purpose of the program is to |
17 | ensure that students in qualifying school districts have access |
18 | to proven, research-based academic programs that will improve |
19 | student learning and academic achievement. |
20 | (b) To qualify for the program under this section, a school |
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1 | district shall: |
2 | (1) (i) Be classified as a school district of the second, |
3 | third or fourth class. |
4 | (ii) Be certified as a Corrective Action 2 school district |
5 | pursuant to the No Child Left Behind Act of 2001 (Public Law |
6 | 107-110, 115 Stat. 1425) as of the effective date of this |
7 | section; or |
8 | (2) meet all of the following: |
9 | (i) Have a 2009 personal income divided by the adjusted |
10 | average daily membership for the 2009-2010 school year of less |
11 | than or equal to one hundred thousand dollars ($100,000). |
12 | (ii) Have a market value/personal income aid ratio for the |
13 | 2011-2012 school year greater than or equal to 0.7000. |
14 | (iii) Have the percentage of students eligible for free or |
15 | reduced-price meals under the National School Lunch Program |
16 | during the 2009-2010 school year greater than or equal to sixty- |
17 | five percent (65%), calculated by dividing the number of |
18 | students eligible for free and reduced-price meals during the |
19 | 2009-2010 school year by the adjusted average daily membership |
20 | of the school district for the 2009-2010 school year. |
21 | (iv) Have a percentage of students scoring below proficient |
22 | on the 2009-2010 PSSA test in reading of greater than or equal |
23 | to thirty percent (30%), calculated by dividing the number of |
24 | PSSA tests administered in the school district on which students |
25 | scored below proficient in reading during the 2009-2010 school |
26 | year by the total number of PSSA tests scored in reading in the |
27 | school district during the 2009-2010 school year. |
28 | (v) Have a percentage of students scoring below proficient |
29 | on the 2009-2010 PSSA test in mathematics of greater than or |
30 | equal to thirty percent (30%), calculated by dividing the number |
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1 | of PSSA tests administered in the school district on which |
2 | students scored below proficient in mathematics during the |
3 | 2009-2010 school year by the total number of PSSA tests scored |
4 | in mathematics in the school district during the 2009-2010 |
5 | school year. |
6 | (c) A school district that qualifies for the program under |
7 | subsection (b) shall establish a school leadership team in order |
8 | to develop the priority assistance plan required under |
9 | subsection (f)(2) and monitor the academic achievement of |
10 | students impacted by the program. The school leadership team |
11 | shall meet at least quarterly and shall continue for as long as |
12 | the school district receives a priority assistance grant for |
13 | education under subsection (e). The school leadership team shall |
14 | include: |
15 | (1) The school district superintendent or a designee. |
16 | (2) Two (2) building principals. |
17 | (3) Five (5) professional employes, selected by the exclusive |
18 | representative of professional employes in the school district. |
19 | (4) Two (2) parents, selected by the members enumerated in |
20 | paragraphs (1), (2) and (3). |
21 | (5) If practicable, one (1) faculty member of a certified |
22 | education program at a Pennsylvania accredited college or |
23 | university selected by the members enumerated in paragraphs (1), |
24 | (2) and (3). |
25 | (d) A school district that qualifies for the program under |
26 | subsection (b) shall use the priority assistance grant for |
27 | education funds provided under subsection (e) to support proven, |
28 | research-based academic programs. Specifically, priority |
29 | assistance grant for education funds may be used only for any of |
30 | the following: |
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1 | (1) Establishing or expanding prekindergarten programs. |
2 | (2) Establishing or expanding full-day kindergarten |
3 | programs. |
4 | (3) Reducing class sizes such that one teacher in any |
5 | elementary-level class for which funds under this section are |
6 | used is responsible for no more than twenty (20) students per |
7 | class period and that one teacher in any secondary-level class |
8 | for which funds under this section are used is responsible for |
9 | no more than twenty-five (25) students per class period: |
10 | Provided, That a school district that has increased class sizes |
11 | in the school year prior to the first year in which priority |
12 | assistance grant for education funds under subsection (e) are |
13 | allocated shall use funds provided under subsection (e) such |
14 | that one teacher is responsible for no more than twenty (20) |
15 | elementary-level students or twenty-five (25) secondary-level |
16 | students per class period. |
17 | (4) Establishing or expanding programs to provide additional |
18 | student learning time. Programs offered under this paragraph |
19 | shall first focus on school buildings with the highest |
20 | proportion of students who scored "basic" or "below basic" on |
21 | the PSSA tests in reading or mathematics administered in the |
22 | school year prior to the school year in which priority |
23 | assistance grant for education funds are allocated under |
24 | subsection (e). Programs offered under this paragraph may |
25 | include before-school and after-school tutoring opportunities, |
26 | tutoring programs offered during the regular school day or |
27 | behavior support programs. |
28 | (5) Establishing or expanding programs to provide |
29 | vocational-education opportunities to students. Programs |
30 | eligible under this paragraph may include initiatives to |
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1 | identify students for vocational-education opportunities, create |
2 | partnerships with existing vocational-education providers and |
3 | create partnerships for internships and externships with |
4 | employers. |
5 | (6) Establishing or expanding parent involvement programs. |
6 | Initiatives eligible under this paragraph include expanded use |
7 | of parent-teacher conferences, establishment of online student |
8 | grading report systems and establishment of school-wide or |
9 | school district-wide activities aimed at fostering greater |
10 | involvement by parents and others in school or school district |
11 | activities. |
12 | (7) Establishing or expanding programs that promote |
13 | connections with local law enforcement, that expand the |
14 | availability, coordination, integration and utilization of |
15 | social and health services and that promote connections with |
16 | other State and local organizations and agencies that exist to |
17 | meet the needs of children and families in addressing issues |
18 | that may serve to limit student academic achievement. |
19 | (8) Establishing or expanding programs to place eligible |
20 | students in alternative education programs. Initiatives under |
21 | this paragraph may include the use of priority assistance grant |
22 | for education funds to finance the placement of eligible |
23 | students in existing alternative education programs. |
24 | (9) Establishing or expanding programs to educate students |
25 | about and to train school employes to prevent bullying, threats |
26 | and other abusive behaviors. |
27 | (10) Establishing or expanding programs to provide mentoring |
28 | opportunities to school employes who have been employed by a |
29 | qualifying school district for less than five (5) years or who |
30 | are newly assigned to a school building impacted by a program |
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1 | under this subsection. Initiatives under this paragraph shall |
2 | provide opportunities for such school employes to learn from |
3 | colleagues and receive targeted professional development. |
4 | (11) Making expenditures essential to the continued |
5 | operation of the school district or reinstating any initiative, |
6 | course offering or other academic program not otherwise |
7 | enumerated in this subsection that was eliminated or curtailed |
8 | during the school year in which priority assistance grant for |
9 | education funds under subsection (e) are allocated or during the |
10 | school year immediately preceding the school year in which |
11 | priority assistance grant for education funds are allocated: |
12 | Provided, That a qualifying school district that elects to use |
13 | grant funds under this paragraph shall be subject to the |
14 | provisions of subsection (g). |
15 | (12) In years subsequent to the first year in which priority |
16 | assistance grant for education funds under subsection (e) are |
17 | allocated, a qualifying school district may use such funds to |
18 | maintain any program or expenditure authorized in this |
19 | subsection. |
20 | (e) During the 2012-2013 school year and each school year |
21 | thereafter, a school district that qualifies for the program |
22 | under subsection (b) shall receive a priority assistance grant |
23 | for education, calculated as follows: |
24 | (1) Determine the percentage of students who scored below |
25 | proficient on the 2009-2010 PSSA tests in reading by dividing |
26 | the number of PSSA tests administered in the school district on |
27 | which students scored below proficient in reading during the |
28 | 2009-2010 school year by the total number of PSSA tests scored |
29 | in reading in the school district during the 2009-2010 school |
30 | year. |
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1 | (2) Determine the percentage of students who scored below |
2 | proficient on the 2009-2010 PSSA tests in mathematics by |
3 | dividing the number of PSSA tests administered in the school |
4 | district on which students scored below proficient in |
5 | mathematics during the 2009-2010 school year by the total number |
6 | of PSSA tests scored in mathematics in the school district |
7 | during the 2009-2010 school year. |
8 | (3) Divide the sum of paragraphs (1) and (2) by 2.0. |
9 | (4) Multiply the quotient from paragraph (3) by the adjusted |
10 | average daily membership of the school district for the |
11 | 2009-2010 school year. |
12 | (5) Multiply the product from paragraph (4) by the sum of |
13 | 1.0 and the percentage of students eligible for free or reduced- |
14 | price meals under the National School Lunch Program during the |
15 | 2009-2010 school year. The percentage of students under this |
16 | paragraph shall be calculated by dividing the number of students |
17 | eligible for free and reduced-price meals during the 2009-2010 |
18 | school year by the adjusted average daily membership of the |
19 | school district for the 2009-2010 school year. |
20 | (6) Multiply the product from paragraph (5) by the quotient |
21 | of one hundred thousand (100,000) and the 2009 personal income |
22 | per adjusted average daily membership of the school district. |
23 | (7) Multiply the product from paragraph (6) by the market |
24 | value/personal income aid ratio of the school district for the |
25 | 2011-2012 school year. |
26 | (8) Divide the product from paragraph (7) by the sum of the |
27 | products of paragraph (6) for all qualifying school districts. |
28 | (9) Multiply the quotient from paragraph (8) by thirty |
29 | million dollars ($30,000,000). |
30 | (f) (1) Within fifteen (15) days of the effective date of |
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1 | this section and no later than June 1 of each year thereafter, |
2 | the Department of Education shall notify a school district that |
3 | qualifies for the program under subsection (b) of the amount of |
4 | priority assistance grant for education funds it will receive |
5 | under subsection (e) and of the programs authorized under |
6 | subsection (d). |
7 | (2) No later than forty-five (45) days after a qualifying |
8 | school district receives the notice under paragraph (1), the |
9 | board of school directors shall submit a priority assistance |
10 | plan to the Department of Education. The priority assistance |
11 | plan shall be developed and submitted to the board of school |
12 | directors by the school leadership team established under |
13 | subsection (c). A qualifying school district that fails to |
14 | establish a school leadership team under subsection (c) and |
15 | submit a priority assistance plan under this paragraph shall |
16 | forfeit its priority assistance grant for education funds under |
17 | subsection (e). The priority assistance plan shall include: |
18 | (i) The program or programs under subsection (d) that |
19 | priority assistance grant for education funds will be used to |
20 | support. |
21 | (ii) The amount of priority assistance grant for education |
22 | funds used for each program identified under subparagraph (i). |
23 | (iii) A detailed description of each program for which |
24 | priority assistance grant for education funds will be used. |
25 | (iv) A description of the academic accountability measures |
26 | the school district will use to measure the impact the program |
27 | or programs identified under subparagraph (i) have on students. |
28 | (v) An indication of whether the program or programs |
29 | identified under subparagraph (i) are new, an expansion of |
30 | existing programs or a reinstatement of programs that were |
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1 | previously eliminated or curtailed. |
2 | (3) Where a qualifying school district's priority assistance |
3 | plan under paragraph (2) indicates that it intends to use |
4 | twenty-five percent (25%) or more of its priority assistance |
5 | grant for education funds pursuant to subsection (d)(11), such |
6 | qualifying school district shall be subject to the provisions of |
7 | subsection (g). |
8 | (4) No later than October 1, 2012, and September 1 of each |
9 | year thereafter, the Department of Education shall pay priority |
10 | assistance grant for education funds pursuant to subsection (e) |
11 | to a qualifying school district that complies with paragraphs |
12 | (2) and (3). |
13 | (5) No later than March 1, 2013, and March 1 of each year |
14 | thereafter, the Department of Education shall, in consultation |
15 | with the academic excellence advisory commission established |
16 | under subsection (h), submit a report to the Chairman and |
17 | Minority Chairman of the Appropriations Committee of the Senate, |
18 | the Chairman and Minority Chairman of the Education Committee of |
19 | the Senate, the Chairman and Minority Chairman of the |
20 | Appropriations Committee of the House of Representatives and the |
21 | Chairman and Minority Chairman of the Education Committee of the |
22 | House of Representatives summarizing the operation of the |
23 | program for the fiscal year in which the report is submitted. |
24 | The report shall include: |
25 | (i) A description of the operation of the program. |
26 | (ii) A summary of the total amount of priority assistance |
27 | grant for education funds paid to qualifying school districts. |
28 | (iii) A summary of the uses of priority assistance grant for |
29 | education funds in qualifying school districts. |
30 | (iv) An identification of the number of qualifying school |
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1 | districts that used priority assistance grant for education |
2 | funds for each of the programs under subsection (d). |
3 | (v) A listing of each qualifying school district and the |
4 | program or programs under subsection (d) for which priority |
5 | assistance grant for education funds were used. |
6 | (g) (1) Where a qualifying school district's priority |
7 | assistance plan includes expenditures within subsection (f)(3), |
8 | the Secretary of Education shall appoint a State monitor to |
9 | oversee the expenditure of only that portion of the qualifying |
10 | school district's priority assistance grant for education funds |
11 | used for the purpose enumerated under subsection (d)(11). The |
12 | State monitor shall be appointed no later than thirty (30) days |
13 | subsequent to the allocation of priority assistance grant for |
14 | education funds under subsection (e). |
15 | (2) The State monitor shall not be employed by or at any |
16 | time act in any official capacity connected with the qualifying |
17 | school district and shall remain in place for as long as the |
18 | qualifying school district receives priority assistance grant |
19 | for education funds under subsection (e), unless removed by the |
20 | Secretary of Education. |
21 | (3) The State monitor shall have the following powers and |
22 | duties: |
23 | (i) To review the school district's revenues and |
24 | expenditures in order to determine whether any other school |
25 | district resources, other than priority assistance grant for |
26 | education funds, are available for the purposes authorized under |
27 | subsection (d)(11). |
28 | (ii) To oversee the expenditure of priority assistance grant |
29 | for education funds for the purposes authorized under subsection |
30 | (d)(11). |
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1 | (iii) To have access to all records of expenditures made by |
2 | the school district for the purposes authorized under subsection |
3 | (d)(11). |
4 | (h) (1) The Secretary of Education shall appoint members of |
5 | an academic excellence advisory commission, which shall meet at |
6 | least quarterly, at the call of the commission's chairperson. |
7 | (2) The commission shall: |
8 | (i) Review priority assistance plans submitted by qualifying |
9 | school districts under subsection (f)(2). |
10 | (ii) Identify successful, research-based initiatives |
11 | qualifying school districts may use to implement the programs |
12 | identified under subsection (d). |
13 | (iii) Assist the Secretary of Education in the creation and |
14 | maintenance of the clearinghouse established under subsection |
15 | (i). |
16 | (iv) Advise the Secretary of Education in the selection of |
17 | any State monitor appointed under subsection (g). |
18 | (v) Advise the Secretary of Education in the development of |
19 | the report required under subsection (f)(5). |
20 | (3) Commission members shall include: |
21 | (i) The Department of Education's deputy secretary for basic |
22 | education, who shall serve as chairperson. |
23 | (ii) Two (2) members of the State Board of Education. |
24 | (iii) Three (3) teachers who are actively employed by |
25 | Pennsylvania school districts, as recommended by the |
26 | Pennsylvania State Education Association. |
27 | (iv) Three (3) members of Pennsylvania boards of school |
28 | directors, as recommended by the Pennsylvania School Boards |
29 | Association. |
30 | (v) Three (3) school superintendents who are actively |
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1 | employed by Pennsylvania school districts, as recommended by the |
2 | Pennsylvania Association of School Administrators. |
3 | (vi) Three (3) principals who are actively employed by |
4 | Pennsylvania school districts, including an elementary school |
5 | principal, a middle school principal and a secondary school |
6 | principal, as recommended by the Pennsylvania Association of |
7 | Elementary and Secondary School Principals. |
8 | (vii) Three (3) parents of students enrolled in school |
9 | districts that qualify for the program under subsection (b), as |
10 | recommended by the Pennsylvania Parent Teacher Association. |
11 | (viii) Three (3) faculty members of certified education |
12 | programs at a Pennsylvania-accredited college or university. |
13 | (i) The Secretary of Education shall, in consultation with |
14 | the academic excellence advisory commission, establish a |
15 | clearinghouse of information, initiatives and research that |
16 | school districts that qualify for the program under subsection |
17 | (b) may use to implement the programs identified under |
18 | subsection (d). The contents of the clearinghouse shall be |
19 | updated quarterly with the most current information, initiatives |
20 | and research and made available to qualifying school districts |
21 | through the Department of Education's publicly accessible |
22 | Internet website. |
23 | (j) (1) The Department of Education shall establish |
24 | reporting procedures and auditing guidelines to ensure that |
25 | priority assistance grant for education funds are utilized in |
26 | accordance with subsection (d). |
27 | (2) A school district shall maintain separate accounts in |
28 | its budget to facilitate monitoring the use of the priority |
29 | assistance grant for education funds. |
30 | (3) The Department of Education shall reduce the amount of a |
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1 | State subsidy payment to a school district that qualifies for |
2 | the program under subsection (b) by an amount equal to the |
3 | amount of any priority assistance grant for education funds |
4 | under subsection (e) that are not used in accordance with |
5 | subsection (d). |
6 | (4) No later than September 1, 2013, and September 1 of each |
7 | year thereafter, the Auditor General shall issue a report on the |
8 | program under this section. |
9 | (5) No school district may place priority assistance grant |
10 | for education funds under this section in a reserve account. |
11 | (k) Nothing in this section shall be construed to alter or |
12 | otherwise affect the rights, remedies and procedures afforded |
13 | school or school district employes under Federal, State or local |
14 | laws, including applicable regulations or court orders, or under |
15 | the terms of collective bargaining agreements, memoranda of |
16 | understanding or other agreements between such employes and |
17 | their employers. |
18 | Section 2. This act shall take effect immediately. |
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