1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in education support services and
6educational assistance programs, further providing for the
7educational assistance program; and establishing the
8Educational Assistance Program for Academic Improvement.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 1512-C(g) of the act of March 10, 1949
12(P.L.30, No.14), known as the Public School Code of 1949,
13amended July 9, 2008 (P.L.846, No.61), is amended to read:

14Section 1512-C. Educational Assistance Program.

15* * *

16(g) Educational assistance funding.--

17(1) During the 2003-2004, 2004-2005, 2005-2006, 2006-
182007, 2007-2008 and 2008-2009 school years, the department

1shall provide each eligible school entity with educational
2assistance funding calculated by:

3(i) Dividing the number of Pennsylvania System of
4School Assessment tests administered in the eligible
5school entity on which students scored below proficient
6in reading or mathematics by the total number of
7Pennsylvania System of School Assessment tests
8administered in the eligible school entity in reading and
9mathematics during the 2002-2003 school year.

10(ii) Multiplying the quotient from subparagraph (i)
11by the average daily membership of the eligible school
12entity during the 2002-2003 school year.

13(iii) Multiplying the product from subparagraph (ii)
14by the dollar value of funds appropriated to the
15Department of Education for the Educational Assistance
16Program in the 2004-2005 fiscal year.

17(iv) Dividing the product from subparagraph (iii) by
18the sum of the products of subparagraph (ii) for all
19eligible school entities that qualify for grant funds
20under this paragraph.

21(1.1) During the 2005-2006, 2006-2007, 2007-2008 and
222008-2009 school years, the department shall provide each
23school entity with at least one school that has failed to
24achieve its 2005 mathematics proficiency target or its 2005
25reading proficiency target with educational assistance
26funding for the support of tutoring services to eligible
27students enrolled in seventh through twelfth grades. Such
28funding shall be calculated as follows:

29(i) Dividing the number of Pennsylvania System of
30School Assessment tests administered in the eligible

1school entity to eleventh grade students on which such
2students scored below the 2005 reading or mathematics
3proficiency target by the total number of Pennsylvania
4System of School Assessment tests administered in the
5eligible school entity to eleventh grade students in
6reading and mathematics during the 2003-2004 school year.

7(ii) Multiplying the quotient from subparagraph (i)
8by the average daily membership of the eligible school
9entity during the 2004-2005 school year.

10(iii) Multiplying the product from subparagraph (ii)
11by the difference between the dollar value of funds
12appropriated to the department for the educational
13assistance program in the 2004-2005 fiscal year and the
14dollar value of funds appropriated to the department for
15the educational assistance program in the 2007-2008
16fiscal year.

17(iv) Dividing the product from subparagraph (iii) by
18the sum of the products of subparagraph (ii) for all
19eligible school entities that qualify for grant funds
20under this paragraph.

21(1.2) For the 2014-2015 school year and each school year
22thereafter, the department shall provide each school entity
23eligible for funding under this section an amount equal to
24the educational assistance funding under this subsection for
25the 2010-2011 school year.

26(2) The amount of educational assistance funding
27provided under this article shall be limited to funds
28appropriated for this purpose.

29* * *

30Section 2. The act is amended by adding an article to read:

1ARTICLE XV-C.1

2EDUCATIONAL ASSISTANCE PROGRAM FOR ACADEMIC IMPROVEMENT

3Section 1501-C.1. Definitions.

4The following words and phrases when used in this article
5shall have the meanings given to them in this section unless the
6context clearly indicates otherwise:

7"Department." The Department of Education of the
8Commonwealth.

9"Eligible school entity." A school entity with at least one
10or more schools identified by the Department of Education as
11having an academic performance measure of 70 or less on the
12Pennsylvania School Performance Profile as outlined in 22 Pa.
13Code § 4.61 (relating to school profiles).

14"Eligible student." A resident of this Commonwealth who is
15enrolled full time in kindergarten through twelfth grade in a
16school entity and is deemed eligible under section 1503-C.1(b)
17(2).

18"Eligibility test." Any of the following:

19(1) The Pennsylvania System of School Assessment test.

20(2) A Keystone Exam offered for a graduation requirement
21under 22 Pa. Code § 4.24 (relating to high school graduation
22requirements).

23(3) A commercially prepared, standardized achievement
24test approved by the Department of Education.

25"Program." The Educational Assistance Program for Academic
26Improvement established under section 1502-C.1.

27"Provider." A school entity, an institution of higher
28education or a nonprofit or for-profit organization that is
29approved by the Department of Education to provide tutoring
30under the Educational Assistance Program for Academic

1Improvement.

2"School entity." Any of the following located in this
3Commonwealth:

4(1) A school district.

5(2) An area vocational-technical school.

6Section 1502-C.1. Educational Assistance Program for Academic
7Improvement.

8The Educational Assistance Program for Academic Improvement
9is established within the department to provide individual or
10small group instruction in each subject area assessed through a
11Pennsylvania System of School Assessment test in order to
12strengthen the skills that an eligible student needs to achieve
13the standards under the following:

14(1) 22 Pa. Code Ch. 4 (relating to academic standards
15and assessment).

16(2) A Keystone Exam offered as a graduation requirement
17under 22 Pa. Code Ch. 4 § 4.24 (relating to high school
18graduation requirements).

19Section 1503-C.1. Funding.

20(a) Provision.--The program shall provide funding for the
21support of tutoring services to eligible students attending
22eligible school entities.

23(b) Eligibility.--

24(1) The department shall utilize the Pennsylvania System
25of School Assessment test, Keystone Exam results or other
26test results to identify eligible students under this
27article. Scores used to determine eligible students in each
28grade and test type shall be published annually in the
29Pennsylvania Bulletin.

30(2) A student shall be eligible for tutoring services

1under this section if the student is enrolled full time in an
2eligible school entity and:

3(i) scored below proficient on a Pennsylvania System
4of School Assessment test in reading or math;

5(ii) scored below proficient on a Keystone Exam
6offered as a graduation requirement;

7(iii) is enrolled in kindergarten through third
8grade and scored below the score approved by the
9department under section 1503-C(b) on any other
10eligibility test; or

11(iv) has been recommended for tutoring by the
12eligible school entity.

13Section 1504-C.1. Educational assistance funding.

14(a) Provision.--

15(1) For the 2014-2015 school year and each school year
16thereafter, the department shall provide each eligible school
17entity with educational assistance funding under this article
18calculated by:

19(i) Adding for each eligible school entity the
20number of students in each school within the school
21entity identified by the department as having an academic
22performance measure of 70 or less on the Pennsylvania
23school performance profile as outlined in 22 Pa. Code §
244.61 (relating to school profiles).

25(ii) Multiplying the sum of subparagraph (i) for
26each school entity by each school entity's aid ratio to
27determine the Modified School Student Number for each
28eligible school entity.

29(iii) Adding the Modified School Student Number of
30all eligible school entities under subparagraph (ii).

1(iv) Dividing $20,000,000 by the total Modified
2School Student Number under subparagraph (ii) to
3determine the per student funding amount.

4(v) For each eligible school entity, multiplying the
5Modified School Student Number under subparagraph (ii) by
6the quotient from subparagraph (iv).

7(b) Use of educational assistance funds.--An eligible school
8entity that receives educational assistance funding under
9subsection (a) may use the funds to:

10(1) Enter into a contract with a provider approved by
11the department.

12(2) Offer tutoring services directly to a student
13eligible for tutoring services under subsection (a).

14(c) Redistribution of funds.--In a school year in which an
15eligible school entity chooses not to receive educational
16assistance funding under subsection (a), the eligible school
17entity shall forfeit the right to the funds. The funds shall be
18distributed on a pro rata basis among all other eligible school
19entities choosing to receive educational assistance funding
20under subsection (a).

21(d) Pro rata distribution.--For the 2014-2015 school year
22and each school year thereafter, if insufficient funds are
23appropriated to make Commonwealth payments under this section,
24the payments shall be made on a pro rata basis.

25Section 1505-C.1. Approval of providers.

26In order to provide tutoring services through the program, a
27provider which the eligible school entity contracts with must be
28approved by the department.

29Section 1506-C.1. Duties.

30(a) Eligible school entities.--An eligible school entity

1shall have the following duties:

2(1) To annually notify the parents or guardian of any
3student eligible for tutoring services under section 1503-
4C.1(b) about the availability of tutoring services under this
5article.

6(2) To enter into a contract with a provider approved by
7the department and operating within the boundaries of or
8around the eligible school entity or to offer tutoring
9services directly to a student eligible for tutoring services
10under section 1503-C.1(b).

11(b) Department.--The department shall have the following
12duties:

13(1) To establish criteria to annually identify eligible
14students.

15(2) To approve providers submitted by a school entity
16that it contracts with to provide tutoring services under the
17program.

18(3) To adopt standards, procedures and guidelines to be
19used to approve providers.

20(4) To provide eligible school entities that provide
21tutoring services under this article with technical
22assistance upon request.

23(5) To annually report on the eligibility and use of the
24funding provided to eligible school entities under the
25Educational Assistance Program. The report shall be published
26on the department's Internet accessible website.

27(6) To provide educational assistance funding to school
28entities.

29(7) To annually submit to the Legislative Reference
30Bureau a list of approved tests under this article for
 

1publication in the Pennsylvania Bulletin.

2Section 1507-C.1. Tutoring services.

3Tutoring services provided under this section shall include
4intensive instruction in those subject areas assessed through a
5Pennsylvania System of School Assessment test or a Keystone Exam
6offered as a graduation requirement. The tutoring services may:

7(1) Be provided outside of the normal school day and
8hours of the eligible school entity, including mornings,
9evenings, weekends and during the summer months.

10(2) Take place on an individual or small group basis, if
11the tutoring service is provided to no more than ten students
12in a given class at a given time during the school term and
13no more than 15 students during the summer months.

14(3) Be provided during the normal school day and hours
15of the eligible school entity, if the tutoring service is in
16addition to and does not interfere with an eligible student's
17regularly scheduled classroom instruction times and does not
18supplant services required in a student's individualized
19education program.

20Section 1508-C.1. Confidentiality.

21Nothing under this article shall authorize the department, a
22school entity or a provider to release or otherwise utilize
23student identifiable information or individual student test
24scores for purposes other than the administration of this
25article.

26Section 1509-C.1. Applicability.

27Services provided under this article shall not constitute
28tutoring or instruction under the act of January 28, 1988
29(P.L.24, No.11), known as the Private Academic Schools Act.

30Section 1510-C.1. Graduation Requirements Suspended.

1If at least $67,000,000 is not appropriated by the General
2Assembly to fund the provision of funding under section 1512-
3C(g)(1.2) and the program beginning in the 2016–2017 school year
4and nor for any school year thereafter, the graduation
5requirements under 22 Pa. Code § 4.24 (relating to high school
6graduation requirements) shall be suspended until sufficient
7funding to meet the minimum requirement is appropriated by the
8General Assembly. If sufficient funding is not appropriated, the
9Secretary of Education shall post notice of suspension of the
10graduation requirements in the Pennsylvania Bulletin.

11Section 3. This act shall take effect immediately.