PRINTER'S NO. 499
No. 40 Session of 2003
INTRODUCED BY RUBLEY, GRUCELA, MELIO, STEIL, BASTIAN, CAPPELLI, CLYMER, CORRIGAN, COSTA, CREIGHTON, CRUZ, DALEY, FEESE, FLICK, FREEMAN, GODSHALL, HARHAI, HENNESSEY, HERMAN, HERSHEY, HORSEY, LEH, MARSICO, McNAUGHTON, PIPPY, ROSS, SAYLOR, B. SMITH, SOLOBAY, R. STEVENSON, TANGRETTI, E. Z. TAYLOR, THOMAS, TIGUE, VANCE, WALKO, WATSON, WILT, WRIGHT, YOUNGBLOOD AND YUDICHAK, FEBRUARY 25, 2003
REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 25, 2003
AN ACT 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," further providing for the powers and 6 duties of intermediate units, for the education of 7 exceptional children and for payments relating to the 8 education of exceptional children; and making editorial 9 changes. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. Section 914-A(7) of the act of March 10, 1949 13 (P.L.30, No.14), known as the Public School Code of 1949, added 14 May 4, 1970 (P.L.311, No.102), is amended to read: 15 Section 914-A. Powers and Duties of the Intermediate Unit 16 Board of Directors.--An intermediate unit board of directors 17 shall have the power and its duty shall be: 18 * * * 19 (7) To provide for and conduct programs of services
1 authorized by the State Board of Education, including services 2 performed under contract with component school districts. Except 3 as otherwise provided by law, all powers and duties of county 4 boards of school directors in regard to classes and schools for 5 [exceptional children,] educational broadcasting, audio-visual 6 libraries, instructional materials centers, area technical 7 schools and area vocational-technical schools are hereby 8 transferred to and conferred upon intermediate unit boards of 9 directors. An intermediate unit may contract with school 10 districts to provide services on behalf of the intermediate 11 unit. An intermediate unit shall cooperate with the Department 12 of Education in the provision of educational services for 13 exceptional children with disabilities. An intermediate unit 14 shall cooperate with component school districts which are 15 primarily responsible in the provision of educational services 16 for exceptional children who are gifted. 17 * * * 18 Section 2. Section 922.1-A(c) of the act, amended May 10, 19 2000 (P.L.44, No.16), is amended to read: 20 Section 922.1-A. Auxiliary Services.--* * * 21 (c) Program of Auxiliary Services. Students attending 22 nonpublic schools shall be furnished a program of auxiliary 23 services which are provided to public school students in the 24 school district in which their nonpublic school is located. The 25 program of auxiliary services shall be provided by the 26 intermediate unit in which the nonpublic school is located, in 27 accordance with standards of the Secretary of Education. Special 28 education services for exceptional children in nonpublic schools 29 who are gifted shall be provided by the intermediate unit. 30 Special education services for exceptional children with 20030H0040B0499 - 2 -
1 disabilities shall be provided by the Department of Education 2 through the intermediate unit. Before an intermediate unit makes 3 any decision that affects the opportunities for children 4 attending nonpublic schools to participate in the auxiliary 5 services provided under this section, the intermediate unit 6 shall consult with such nonpublic schools to determine at a 7 minimum: which general categories of children shall receive 8 services; what services shall be provided; how and where the 9 services shall be provided; and how the services shall be 10 evaluated. Such services shall be provided directly to the 11 nonpublic school students by the intermediate unit in the 12 schools which the students attend, in mobile instructional units 13 located on the grounds of such schools or in any alternative 14 setting mutually agreed upon by the school and the intermediate 15 unit, to the extent permitted by the Constitution of the United 16 States and the Constitution of the Commonwealth of Pennsylvania. 17 [Such] (c.1) The auxiliary services shall be provided 18 directly by the intermediate units [and no auxiliary services 19 presently provided to public school students by the intermediate 20 units and/or school districts by means of State or local 21 revenues, during the school year 1974-1975, shall be 22 eliminated]. No school districts shall be required, pursuant to 23 any section of this act, to offer auxiliary services provided by 24 any other school districts within such intermediate units. 25 * * * 26 Section 3. Section 1309 of the act, amended June 30, 1995 27 (P.L.220, No.26), is amended to read: 28 Section 1309. Cost of Tuition; How Fixed.--(a) The cost of 29 tuition in such cases shall be fixed as is now provided by law 30 for tuition costs in other cases, except in the following 20030H0040B0499 - 3 -
1 circumstances: 2 (1) Where, for the accommodation of such children, it shall 3 be necessary to provide a separate school or to erect additional 4 school buildings, the charge for tuition for such children may 5 include a proportionate cost of the operating expenses, rental, 6 and interest on any investment required to be made in erecting 7 such new school buildings. 8 (2) When a child who is an inmate of an institution is [a 9 child with exceptionalities] an exceptional child who is gifted, 10 the district in which the institution is located may charge the 11 district of residence, and the district of residence shall pay a 12 special education charge in addition to the applicable tuition 13 charge. Such special education charge when combined with the 14 applicable tuition charge shall not exceed the total net cost of 15 the special education program provided. [In the case of a child 16 with exceptionalities who is an inmate of an institution and who 17 is served under section 2509.1(b), the district in which the 18 institution is located may charge the district of residence an 19 amount that does not exceed the total cost of the special 20 education program provided minus the amount received per child 21 from the Commonwealth under section 2509.1(b).] 22 (3) When a child who is an inmate of an institution is an 23 exceptional child with disabilities, the district in which the 24 institution is located shall charge the district of residence, 25 and the district of residence shall pay the applicable tuition 26 charge. The Commonwealth shall be responsible for the payment of 27 all special education charges. 28 (b) The tuition herein provided for shall be paid annually 29 by the [Secretary of Education] the Commonwealth, the district 30 of residence or the institution as the case may be. 20030H0040B0499 - 4 -
1 Section 4. Section 1327(d) of the act, added December 21, 2 1988 (P.L.1321, No.169), is amended to read: 3 Section 1327. Compulsory School Attendance.--* * * 4 (d) Instruction to children of compulsory school age 5 provided in a home education program, as provided for in section 6 1327.1 of this act, shall be considered as complying with the 7 provisions of this section, except that any student who has been 8 identified pursuant to the provisions of the Education of the 9 Handicapped Act (Public Law 91-230, 20 U.S.C. § 1401 et seq.) as 10 needing special education services, excluding those students 11 identified as gifted and/or talented, shall be in compliance 12 with the requirements of compulsory attendance by participating 13 in a home education program, as defined in section 1327.1, when 14 the program addresses the specific needs of the exceptional 15 student and is approved by a teacher with a valid certificate 16 from the Commonwealth to teach special education or a licensed 17 clinical or certified school psychologist, and written 18 notification of such approval is submitted with the notarized 19 affidavit required under section 1327.1(b) to the Department of 20 Education. The supervisor of a home education program may 21 request that the [school district or] Department of Education 22 through the intermediate unit of residence provide services that 23 address the specific needs of the exceptional student in the 24 home education program. When the provision of services is agreed 25 to by both the supervisor and the [school district or 26 intermediate unit] Department of Education, all services shall 27 be provided in the public schools or in a private school 28 licensed to provide such programs and services. 29 Section 5. Section 1371 of the act, amended June 30, 1995 30 (P.L.220, No.26), is reenacted and amended to read: 20030H0040B0499 - 5 -
1 Section 1371. Definition of Children with Exceptionalities[; 2 Reports; Examination.--(1)] and Reports.--(a) The term 3 "children with exceptionalities" shall mean children of school 4 age who have a disability or who are gifted and who, by reason 5 thereof, need specially designed instruction. 6 [(2)] (b) It shall be the duty of the district 7 superintendent, in every school district in accordance with 8 rules of procedure prescribed by the Secretary of Education, to 9 secure information and report to the Department of Education and 10 the intermediate unit serving that school district, on or before 11 the fifteenth day of October of each year, and thereafter as 12 cases arise, every child with exceptionalities within said 13 district. 14 (c) A report shall be made to the Department of Education of 15 all children determined to need special education services or 16 programs consistent with [chapter 14 of] regulations of the 17 State Board of Education Regulations[, as well as chapter 342 of 18 Department Standards] set forth in 22 Pa. Code Ch. 14 (relating 19 to special education services and programs). 20 Section 6. Section 1372 of the act, amended or added January 21 14, 1970 (1969 P.L.468, No.192), August 24, 1977 (P.L.199, 22 No.59), July 8, 1989 (P.L.253, No.43) and May 10, 2000 (P.L.44, 23 No.16), is amended to read: 24 Section 1372. Exceptional Children; Education and 25 Training.--[(1) Standards for Proper Education and Training of 26 Exceptional Children.](a) The State Board of Education shall 27 adopt and prescribe standards and regulations for the proper 28 education and training of all exceptional children by the 29 Department of Education, intermediate units or school districts 30 [or counties singly or jointly]. 20030H0040B0499 - 6 -
1 (b) There is hereby established within the administrative 2 structure of the Department of Education an Office of Special 3 Education which shall be under the supervision and direction of 4 the Deputy Secretary for Special Education. The Office of 5 Special Education shall have the following powers and duties: 6 (1) To oversee all special education services and programs 7 provided within this Commonwealth. 8 (2) To provide for the school year 2003-2004, and each 9 school year thereafter, the education for all exceptional 10 students with disabilities. In carrying out this responsibility, 11 the office shall cooperate with and utilize intermediate units. 12 The office may also use approved private schools and private 13 contractors to provide the necessary education. In all cases, 14 the office shall strive to provide the best possible educational 15 experience for the exceptional student with the least disruption 16 to the current education plan and experience. 17 (3) To examine all exceptional students with disabilities to 18 determine whether or not such students meet the necessary 19 standards and qualifications of the State Board of Education to 20 qualify as an exceptional student with a disability. Any 21 determination under this paragraph is an administrative 22 determination under 2 Pa.C.S. (relating to administrative law 23 and procedure) and subject to review by the Commonwealth Court. 24 (4) In cooperation with the public and private providers, to 25 develop individual education plans for each exceptional student 26 with a disability. 27 (5) To pay all costs associated with the education of 28 exceptional students with disabilities in accord with the 29 following schedule: 30 (i) For the school year 2003-2004, twenty (20) per centum of 20030H0040B0499 - 7 -
1 the additional cost from the 2002-2003 school year. 2 (ii) For the school year 2004-2005, forty (40) per centum of 3 the additional cost from the 2003-2004 school year. 4 (iii) For the school year 2005-2006, sixty (60) per centum 5 of the additional cost from the 2004-2005 school year. 6 (iv) For the school year 2006-2007, eighty (80) per centum 7 of the additional cost from the 2005-2006 school year. 8 (v) For the school year 2007-2008 and each school year 9 thereafter, the entire cost for the education of exceptional 10 children with disabilities. 11 (c) The Department of [Public Instruction] Education shall 12 have power, and it shall be its duty, to determine the [counties 13 which shall be joined for the purpose of providing] proper 14 education and training of exceptional children who have any 15 disabilities. Standards and regulations shall recognize such 16 factors as [number of exceptional children, types of handicaps, 17 facility of transportation, adequacy of existing provisions for 18 exceptional children, and availability of school plant 19 facilities.]: 20 (1) The number of exceptional children with disabilities. 21 (2) The types of handicaps. 22 (3) The facility of transportation. 23 (4) The adequacy of existing provisions for exceptional 24 children with disabilities. 25 (5) The current Federal and State statutory and decisional 26 law affecting the education of exceptional children with 27 disabilities. 28 (6) The need to place exceptional children in the least 29 restrictive setting necessary to provide education. 30 (7) The necessity to minimize and, if possible, eliminate 20030H0040B0499 - 8 -
1 any disruption to the educational program for any exceptional 2 children with disabilities. 3 (8) The availability of adequate plant facilities. 4 [(1.1) Revision of Standards for Education and Training of 5 Exceptional Children. During the school year 1989-1990 the 6 following provisions shall apply to the State Board of 7 Education: 8 (i) Not later than March 1, 1990, the State Board of 9 Education shall adopt revised Chapter 13 Special Education 10 regulations and approve revised 22 Pa. Code Ch. 341 department 11 standards for the education and training of exceptional 12 children, and such revised regulations and standards shall be 13 effective beginning with the school year and fiscal year 1990- 14 1991. Such revised regulations and standards shall, at a 15 minimum, provide measures as may be necessary to assure fiscal 16 accountability, prudent management, appropriate education 17 support services and special classes to meet the needs of 18 pupils, and assurance of continued service to children receiving 19 special education instruction and services on the effective date 20 of such revised regulations and standards, including a 21 requirement that no changes in such instruction or service be 22 made unless through changes in the child's Individualized 23 Education Program. 24 (ii) Due to the urgent need for an expedited but public 25 regulatory process, the State Board of Education, in adopting 26 such revised regulations and approving such revised department 27 standards, shall follow the procedures set forth in this 28 subsection. 29 (A) The State Board of Education shall conduct such public 30 hearings and receive such testimony as it deems appropriate, 20030H0040B0499 - 9 -
1 provided, however, that the State Board of Education conduct at 2 least three public hearings prior to the final adoption of such 3 revised regulations and approval of such revised department 4 standards. Not later than November 10, 1989, at the time the 5 State Board of Education announces its intention to adopt such 6 revised regulations and to approve such revised department 7 standards, it shall announce its intention pursuant to the 8 provisions of the act of July 31, 1968 (P.L.769, No.240), 9 referred to as the Commonwealth Documents Law, and shall 10 transmit copies of such proposed regulations and standards to 11 the chairmen of the standing Committees on Education of the 12 Senate and House of Representatives to permit those committees 13 thirty (30) days to review and comment upon such proposed 14 regulations and standards. At the time the State Board finally 15 adopts such final form regulations and approves such revised 16 department standards, it shall transmit copies of such 17 regulations and standards to the chairmen of the standing 18 Committees on Education of the Senate and House of 19 Representatives and the Independent Regulatory Review 20 Commission. The final form regulations and revised department 21 standards shall be subject to review in accordance with the 22 procedures set forth in the act of June 25, 1982 (P.L.633, 23 No.181), known as the "Regulatory Review Act," for proposed 24 final regulations. Other than as herein provided, regulations 25 adopted pursuant to this paragraph shall not be subject to 26 review under the "Regulatory Review Act." 27 (B) The State Board of Education may transmit to the 28 Governor and the Secretary of Education recommendations, if any, 29 for changes in statutes. 30 (iii) The Department of Education shall require the 20030H0040B0499 - 10 -
1 submission of appropriate program and fiscal data from the 2 school districts and intermediate units in order to assist in 3 the development of regulations and proposed program standards. 4 Each school district and intermediate unit shall provide such 5 data at such time and in such form as the department may 6 require. 7 (2) Plans for Education and Training Exceptional Children. 8 Each] 9 (d) (1) For the school year 2002-2003, each intermediate 10 unit, cooperatively with other intermediate units and with 11 school districts shall prepare and submit to the [Superintendent 12 of Public Instruction, on or before the first day of August, one 13 thousand nine hundred seventy for his] Department of Education 14 for approval or disapproval, plans for the proper education and 15 training of all exceptional children in accordance with the 16 standards and regulations adopted by the State Board of 17 Education. Plans as provided for in this section shall be 18 subject to revision from time to time as conditions warrant, 19 subject to the approval of the [Superintendent of Public 20 Instruction.] Department of Education. 21 (2) For the 2003-2004 school year and each school year 22 thereafter, the Department of Education shall have the sole 23 power and duty to provide for the education of exceptional 24 students with disabilities. The department, in cooperation with 25 each intermediate unit shall prepare and submit plans for the 26 proper education and training of all exceptional children with 27 disabilities in accordance with the standards and regulations of 28 the State Board of Education. Plans under this paragraph shall 29 be subject to periodic revisions as conditions warrant. 30 (3) For the 2003-2004 school year and each school year 20030H0040B0499 - 11 -
1 thereafter, each school district shall prepare and submit to the 2 department plans for the proper education and training of all 3 exceptional children who are gifted in accordance with the 4 standards and regulations of the State Board of Education. Plans 5 under this paragraph shall be subject to periodic revisions as 6 conditions warrant. 7 [(3) Special Classes or Schools Established and Maintained 8 by School Districts.] 9 (e) (1) Except as herein otherwise provided, it shall be 10 the duty of the board of school directors of every school 11 district to provide and maintain, or to jointly provide and 12 maintain with neighboring districts, special classes or schools 13 in accordance with the approved plan[.] for exceptional children 14 who are gifted. 15 (2) Except as otherwise provided, it shall be the duty of 16 the Department of Education in cooperation with the various 17 intermediate units either alone or jointly to provide and 18 maintain classes or schools for exceptional children who have 19 disabilities. In providing these classes or schools, the 20 department may use intermediate units, school districts, in- 21 house staff or private contractors to provide the education. 22 (3) The Secretary of Education shall superintend the 23 organization of such special classes and such other arrangements 24 for special education and shall enforce the provisions of this 25 act relating thereto. If the approved plan indicates that it is 26 not feasible to form a special class in any district or 27 intermediate unit or to provide such education for any such 28 child in the public schools of the district or the intermediate 29 unit, the [board of school directors of the district] department 30 shall secure such proper education and training outside the 20030H0040B0499 - 12 -
1 public schools [of the district] or in special institutions, or 2 by providing for teaching the child in his home, in accordance 3 with rules and regulations prescribed by the [Department of] 4 State Board of Education, on terms and conditions not 5 inconsistent with the terms of this act or of any other act then 6 in force applicable to such children. [However, the institution 7 of special classes and programs at the secondary level for 8 exceptional children who are gifted and talented students may be 9 deferred until September 1978 at the discretion of the board of 10 the school directors of any school district.] 11 (f) In addition to the [above] requirements of subsections 12 (b), (c) and (d) and in accordance with rules and regulations 13 prescribed by the Department of Education, homebound instruction 14 shall be provided for children confined in detention homes as 15 provided in section 7, act of June 2, 1933 (P.L.1433, No.311), 16 as amended, for the period of their confinement, if their 17 confinement exceeds or is expected to exceed ten days, even 18 though such children are not exceptional. 19 [(4) Classes for Exceptional Children. The] (g) The 20 department, in cooperation with the intermediate unit shall have 21 power, and it shall be its duty, to provide, maintain, 22 administer, supervise and operate such [additional] classes or 23 schools as are necessary or to otherwise provide for the proper 24 education and training for all exceptional children who [are not 25 enrolled in classes or schools maintained and operated by school 26 districts or who are not otherwise provided for] have 27 disabilities. 28 [(5) Day-Care Training Centers, Classes and Schools for the 29 Proper Education and Training of Exceptional Children.] (h) 30 Where in the judgment of the [Superintendent of Public 20030H0040B0499 - 13 -
1 Instruction] Secretary of Education, the provisions of this act 2 relating to the proper education and training of exceptional 3 children with disabilities have not been complied with or the 4 needs of exceptional children with disabilities are not being 5 adequately served, the Department of [Public Instruction] 6 Education is hereby authorized to provide, including the payment 7 of rental when necessary, maintain, administer, supervise and 8 operate classes and schools for the proper education and 9 training of exceptional children with disabilities. Pupil 10 eligibility for enrollment in classes for exceptional children 11 shall be determined according to standards and regulations 12 promulgated by the State Board of Education. For each child 13 enrolled in any special class or school for exceptional children 14 [operated by the Department of Public Instruction, the school 15 district in which the child is resident shall pay to the 16 Commonwealth, a sum equal to the "tuition charge per elementary 17 pupil" or the "tuition charge per high school pupil" as 18 determined for the schools operated by the district or by a 19 joint board of which the district is a member, based upon the 20 costs of the preceding school term as provided for in section 21 two thousand five hundred sixty-one of the act to which this is 22 an amendment plus a sum equal to ten (10) per centum of such 23 tuition charges. In the event that any school district has not 24 established such "tuition charge per elementary pupil" or 25 "tuition charge per high school pupil," the Superintendent of 26 Public Instruction shall fix a reasonable charge for such 27 district for the year in question. In order to facilitate such 28 payments by the several school districts, the Superintendent of 29 Public Instruction shall withhold from any moneys due to such 30 district out of any State appropriation, except from 20030H0040B0499 - 14 -
1 reimbursement due on account of rentals as provided in section 2 two thousand five hundred eleven point one of the act to which 3 this is an amendment, the amounts due by such school districts 4 to the Commonwealth. All amounts so withheld are hereby 5 specifically appropriated to the Department of Public 6 Instruction for the maintenance and administration of centers 7 and classes for exceptional children] with disabilities the 8 Department of Education shall be responsible for all costs as 9 provided in section 1372(b)(5). 10 [(6) Pupils Credited to District of Residence. The average 11 daily membership of pupils enrolled in classes and schools for 12 exceptional children, operated by an intermediate unit or by the 13 Department of Public Instruction, shall be credited to the 14 school district of residence for the purpose of determining the 15 district's "teaching units" to be used in calculating the 16 district's reimbursement fractions or weighted average daily 17 membership to be used in calculating a district's aid ratio and 18 in determining payments to the district on account of 19 instruction as provided in section two thousand five hundred two 20 of the act to which this is an amendment. 21 (8) Reporting of Expenditures Relating to Exceptional 22 Students.] (i) By December 31, 2000, and each year thereafter, 23 each school district and each intermediate unit shall compile 24 information listing the number of students with disabilities for 25 which expenditures are between twenty-five thousand dollars 26 ($25,000) and fifty thousand dollars ($50,000), between fifty 27 thousand dollars ($50,000) and seventy-five thousand dollars 28 ($75,000) and over seventy-five thousand dollars ($75,000) for 29 the prior school year. The information shall be submitted to the 30 department in a form prescribed by the department. By February 20030H0040B0499 - 15 -
1 1, 2001, and each year thereafter, the department shall submit 2 to the chairman and minority chairman of the Education and 3 Appropriations Committees of the Senate and the chairman and 4 minority chairman of the Education and Appropriations Committees 5 of the House of Representatives a report listing this 6 information by school district and intermediate unit. 7 Section 7. Section 1373 of the act, amended October 21, 1965 8 (P.L.601, No.312), is amended to read: 9 Section 1373. State Reimbursement; Reports.--(a) School 10 districts maintaining special classes in the public schools or 11 special public schools or providing special education, as 12 specified in this subdivision of this article, shall receive 13 reimbursement up to and through the school year 2002-2003, as 14 provided by this act, so long as such classes, such schools, and 15 such special education are approved by the Department of [Public 16 Instruction] Education as to location, constitution and size of 17 classes, conditions of admission and discharge of pupils, 18 equipment, courses of study, methods of instruction and 19 qualification of teachers. Beginning with the school year 2003- 20 2004, and each school year thereafter, the Commonwealth shall 21 have the duty through the intermediate units to provide for the 22 education of all exceptional children with disabilities. All 23 costs shall be paid by the Commonwealth as provided in section 24 1372(b)(5). 25 (b) On or before the first day of November of each year, the 26 secretary of the board of school directors in each district in 27 which special education for exceptional children is provided 28 shall make such reports as may be required by the Department of 29 [Public Instruction] Education, in regard to such special 30 education being maintained for the current school year for which 20030H0040B0499 - 16 -
1 approval is desired. 2 Section 8. Section 1376 of the act, amended June 7, 1993 3 (P.L.49, No.16), June 30, 1995 (P.L.220, No.26) and June 22, 4 2001 (P.L.530, No.35), is amended to read: 5 Section 1376. Cost of Tuition and Maintenance of Certain 6 Exceptional Children in Approved Institutions.--(a) When any 7 child between school entry age and twenty-one (21) years of age 8 and resident in this Commonwealth, who is blind or deaf, or has 9 cerebral palsy and/or neurological impairment and/or muscular 10 dystrophy and/or is mentally retarded and/or has a serious 11 emotional disturbance and/or has autism/pervasive developmental 12 disorder and is enrolled, with the approval of the Department of 13 Education, as a pupil in an approved private school approved by 14 the Department of Education, in accordance with standards and 15 regulations promulgated by the State Board of Education, the 16 [school district in which such child is resident or, for 17 students placed by a charter school, the charter school in which 18 the student was enrolled shall pay the greater of either twenty 19 per centum (20%) of the actual audited cost of tuition and 20 maintenance of such child in such school, as determined by the 21 Department of Education, or its "tuition charge per elementary 22 pupil" or its "tuition charge per high school pupil," as 23 calculated pursuant to section 2561, and the] Commonwealth shall 24 pay, out of funds appropriated to the department for special 25 education, the [balance due for the costs of such child's 26 tuition and maintenance, as determined by the department. For 27 the school years 1989-1990, 1990-1991 and 1991-1992, the school 28 district payment shall be no greater than forty percent (40%) of 29 the actual audited costs of tuition and maintenance of such 30 child in such school. For the 1992-1993 school year and each 20030H0040B0499 - 17 -
1 school year thereafter, the school district or charter school 2 payment shall be the greater of forty percent (40%) of the 3 actual audited costs of tuition and maintenance of such child in 4 such school, as determined by the Department of Education, or 5 its "tuition charge per elementary pupil" or its "tuition charge 6 per high school pupil," as calculated pursuant to section 2561, 7 and the Commonwealth shall pay, out of funds appropriated to the 8 department for approved private schools, the balance due for the 9 costs of such child's tuition and maintenance, as determined by 10 the department. The department will credit the district of 11 residence with average daily membership for such child 12 consistent with the rules of procedure developed in accordance 13 with section 2501. If the residence of such child in a 14 particular school district cannot be determined, the 15 Commonwealth shall pay, out of moneys appropriated to the 16 department for special education, the] whole cost of tuition and 17 maintenance of such child. The Department of Education shall be 18 provided with such financial data from approved private schools 19 as may be necessary to determine the reasonableness of costs for 20 tuition and room and board concerning Pennsylvania resident 21 approved reimbursed students. The Department of Education shall 22 evaluate such data and shall disallow any cost deemed 23 unreasonable. Any costs deemed unreasonable by the Department of 24 Education for disallowance shall be considered an adjudication 25 within the meaning of Title 2 of the Pa.C.S. (relating to 26 administrative law and procedure) and regulations promulgated 27 thereunder. 28 (b) When any person less than school entry age or more than 29 twenty-one (21) years of age and resident in this Commonwealth, 30 who is blind or deaf, or has cerebral palsy and/or has 20030H0040B0499 - 18 -
1 neurological impairment and/or has muscular dystrophy, or has 2 autism/pervasive developmental delay, and is enrolled, with the 3 approval of the Department of Education, as a pupil in an 4 approved private school approved by the Department of Education, 5 the Commonwealth shall pay to such school, out of moneys 6 appropriated to the department for special education, the actual 7 audited cost of tuition and maintenance of such person, as 8 determined by the Department of Education, subject to review and 9 approval in accordance with standards and regulations 10 promulgated by the State Board of Education, and in addition, in 11 the case of any child less than school entry age, who is blind, 12 the cost, as determined by the Department of Education of 13 instructing the parent of such blind child in caring for such 14 child. 15 (c) Each approved private school, prior to the start of the 16 school year, shall submit to the department such information as 17 the department may require in order to establish an estimate of 18 reimbursable costs. Based upon this information, any other data 19 deemed necessary by the department and in accordance with 20 department standards, the department shall develop for each 21 approved private school an estimate of reimbursable costs. Based 22 upon such estimate, the department shall provide each approved 23 private school with monthly payments in advance of department 24 audit. The department may withhold a portion of such payments 25 not exceeding five percent (5%) of such payment, pending final 26 audit. In no event shall either the advance payments or final 27 reimbursement made by the department following audit exceed the 28 appropriation available for approved private schools. 29 (c.1) Any funds remaining from the appropriation line items 30 "for special education - approved private schools" or for 20030H0040B0499 - 19 -
1 Pennsylvania Charter Schools for the Deaf and Blind from the 2 general appropriations acts for fiscal years 1978-1979 and each 3 fiscal year thereafter shall be transferred by the State 4 Treasurer into a restricted account (continuing appropriation) 5 for audit resolution which is hereby established. The Department 6 of Education shall also deposit into this restricted account any 7 funds returned to or recovered by the department from approved 8 private schools or chartered schools for overpayments during 9 fiscal years 1978-1979 and each fiscal year thereafter. The 10 funds in the restricted account are hereby appropriated upon 11 approval of the Governor to the Department of Education for 12 payments to approved private schools for audit resolutions for 13 fiscal years 1978-1979 and each fiscal year thereafter. Funds in 14 this restricted account shall not be subject to the limitations 15 in subsection (c) which prohibit advance payments and final 16 reimbursement from exceeding the appropriation available for 17 approved private schools. During the 1995-1996 fiscal year and 18 during each fiscal year thereafter, the Department of Education 19 shall review the activity in the restricted account and may 20 recommend that the Governor authorize the lapsing into the 21 General Fund of any funds that are estimated not to be needed 22 for audit resolution. 23 (d) No private institution receiving payment in accordance 24 with this section shall impose any charge on the student and/or 25 parents who are Pennsylvania approved reimbursable residents for 26 a program of individualized instruction and maintenance 27 appropriate to the child's needs; except that charges for 28 services not part of such program may be made if agreed to by 29 the parents. 30 [(e) (1) The Education Committees of the Senate and House 20030H0040B0499 - 20 -
1 of Representatives are directed to jointly examine the issues of 2 the funding of approved private schools and special education 3 students' access to approved private schools as part of the full 4 continuum of special education placements. The committees' 5 examination should address, at a minimum, the following issues: 6 (i) The funding methodology which supports the school 7 district's responsibility for individualized, appropriate 8 educational services to special education students through 9 access to the most comprehensive continuum of educational 10 options and settings. 11 (ii) The role of the approved private school in the mandated 12 continuum of special education services available to students in 13 Pennsylvania. 14 (iii) The relative roles of the Department of Education and 15 school districts to ensure free appropriate public education 16 (FAPE) through adequate funding and appropriate distribution of 17 comprehensive services. 18 (iv) The provisions of the Individuals with Disabilities 19 Education Act (IDEA) (P.L.101-476), the Cordero Court Orders, 20 this act and 22 Pa. Code Chs. 14 and 342 as they relate to the 21 provision of programs and services to special education students 22 should be carefully reviewed as they pertain to approved private 23 schools, continuum of placement options, funding, FAPE and other 24 pertinent issues. 25 (2) The committees shall report back to the General Assembly 26 by November 15, 1993, with legislative and/or administrative 27 recommendations. The committees may hold such meetings and 28 hearings as they deem appropriate to accomplish the provisions 29 of this subsection.] 30 Section 9. Section 1376.1 of the act, amended June 7, 1993 20030H0040B0499 - 21 -
1 (P.L.49, No.16), is amended to read: 2 Section 1376.1. Actual Cost of Tuition and Maintenance of 3 Certain Exceptional Children in the Four Chartered Schools for 4 Education of the Deaf and the Blind.--(a) The following term, 5 whenever used or referred to in this section, shall have the 6 following meaning. "Chartered school" shall mean any of the four 7 (4) chartered schools for the education of the deaf or the 8 blind: the Pennsylvania School for the Deaf; the Overbrook 9 School for the Blind; the Western Pennsylvania School for Blind 10 Children; and the Western Pennsylvania School for the Deaf. 11 (b) When any child of school age resident in this 12 Commonwealth, who is blind or deaf, is enrolled with the 13 approval of the Department of Education as a pupil in any of the 14 four (4) chartered schools in accordance with standards and 15 regulations promulgated by the State Board of Education, the 16 [school district in which such child is resident shall pay the 17 greater of either twenty percent (20%) of the actual cost of 18 tuition and maintenance of such child in such institution, as 19 determined by the Department of Education; or its "tuition 20 charge per elementary pupil" or its "tuition charge per high 21 school pupil," and the Commonwealth shall pay, out of funds 22 appropriated to the department for special education, the 23 balance due for the costs of such child's tuition and 24 maintenance, as determined by the department. For the school 25 years 1989-90, 1990-91 and 1991-92, the school district payment 26 shall be no greater than forty percent (40%) of the actual 27 audited costs of tuition and maintenance of such child in such 28 school. For the 1992-1993 school year and each school year 29 thereafter, the school district payment shall be the greater of 30 forty percent (40%) of the actual audited costs of tuition and 20030H0040B0499 - 22 -
1 maintenance of such child in such school, as determined by the 2 Department of Education, or its "tuition charge per elementary 3 pupil" or its "tuition charge per high school pupil," and the 4 Commonwealth shall pay out of funds appropriated to the 5 department for chartered schools the balance due for the costs 6 of such child's tuition and maintenance, as determined by the 7 department. The department will credit the district of residence 8 with average daily membership for such child consistent with the 9 rules of procedure developed in accordance with section 2501. If 10 the residence of such child in a particular school district 11 cannot be determined, the] Commonwealth shall pay, out of moneys 12 appropriated to the department for special education, the whole 13 cost of tuition and maintenance of such child. The Department of 14 Education shall be provided with such financial data from each 15 of the chartered schools as may be necessary to determine the 16 reasonableness of charges for tuition and room and board of each 17 of the chartered schools made on Pennsylvania resident approved 18 students. The Department of Education shall evaluate such data 19 and shall disallow any charges deemed unreasonable. Any charge 20 deemed unreasonable by the Department of Education for 21 disallowance shall be considered an adjudication within the 22 meaning of Title 2 of the Pa.C.S. (relating to administrative 23 law and procedure) and regulations promulgated thereunder. 24 (c) When any person less than school age resident in this 25 Commonwealth who is blind or deaf is enrolled, with the approval 26 of the Department of Education, as a residential pupil in any of 27 the four (4) chartered schools, the Commonwealth shall pay to 28 the school, out of moneys appropriated to the department for 29 special education, the actual cost of tuition and maintenance of 30 such person, as determined by the Department of Education, 20030H0040B0499 - 23 -
1 subject to review and approval in accordance with standards and 2 regulations promulgated by the State Board of Education, and in 3 addition, in the case of any child less than school age, who is 4 blind, the cost, as determined by the Department of Education of 5 instructing the parent of such blind child in caring for such 6 child. 7 (d) None of the chartered schools receiving payment in 8 accordance with this section shall impose any charge on the 9 student and/or parents who are approved reimbursable residents 10 for a program of instruction and maintenance appropriate to the 11 child's needs; except that charges for programs not part of the 12 normal school year may be made. 13 Section 10. Section 1377 of the act, amended or added May 14 31, 1979 (P.L.33, No.11), December 17, 1982 (P.L.1378, No.316) 15 and July 8, 1989 (P.L.253, No.43), is amended to read: 16 Section 1377. Payment of Cost of Tuition and Maintenance of 17 Certain Exceptional Children.--(a) [To facilitate payments by 18 the several school districts to the schools or institutions in 19 which deaf or blind, or cerebral palsied and/or brain damaged 20 and/or muscular dystrophied, or socially and emotionally 21 disturbed or mentally retarded children are enrolled, of amounts 22 due by such districts for their proportion of the cost of 23 tuition and maintenance of such children, the Secretary of 24 Education shall withhold from any moneys due to such districts 25 out of any State appropriation for the assistance as 26 reimbursement of school districts, the amounts due by such 27 districts to such schools or institutions for the blind or the 28 deaf, or the cerebral palsied and/or brain damaged and/or 29 muscular dystrophied or the socially and emotionally disturbed 30 and/or mentally retarded. Amounts so withheld shall be 20030H0040B0499 - 24 -
1 specifically appropriated to the Department of Education.] The 2 Commonwealth shall pay the whole cost of tuition and maintenance 3 of any child subject to the provisions of sections 1376 and 4 1376.1. 5 (b) Payments of the Commonwealth's [proportion of the] cost 6 of tuition and maintenance of blind or deaf, or cerebral palsied 7 and/or brain damaged and/or muscular dystrophied, or socially 8 and emotionally disturbed and/or mentally retarded pupils 9 enrolled in schools or institutions for the blind or for the 10 deaf, or for the cerebral palsied and/or brain damaged and/or 11 muscular dystrophied, or for the socially and emotionally 12 disturbed and of the cost of instruction of parents of blind 13 pupils less than school entry age, as hereinbefore provided, 14 shall be made quarterly, out of moneys appropriated to the 15 Department of Education for special education. Except for the 16 provisions of section 1376.1 providing for the actual cost of 17 tuition and maintenance of certain exceptional children in the 18 four chartered schools for education of the deaf and of the 19 blind, in no event shall the total payment for the cost of 20 tuition and maintenance of any such child exceed the rates per 21 year allowed under section 1376. The maximum amount payable for 22 the cost of tuition and maintenance of such children shall be 23 subject to review at least once every two years for the purpose 24 of recommending an adjustment thereof. 25 (c) For the purpose of enabling the Department of Education 26 to determine from time to time what amounts are due to schools 27 for the blind or for the deaf or for the cerebral palsied and/or 28 brain damaged and/or muscular dystrophied or for the socially 29 and emotionally disturbed and/or mentally retarded hereunder, 30 such schools shall forward to the department, at such times and 20030H0040B0499 - 25 -
1 in such form as the department shall prescribe, sworn statements
2 setting forth the names, ages, and residences of all pupils
3 enrolled hereunder, specifying the school districts [liable for
4 a part of the cost of tuition and maintenance] of any such
5 pupils, the per capita cost of and maintenance of pupils, and
6 such other information as the department shall require.
7 (c.1) For the purpose of providing adequate administration
8 of the program and to carry out the preaudit functions
9 authorized in section 1376(a), one-half of one percent (.50%) of
10 the total appropriations for approved private schools from all
11 funds shall be allocated to the Department of Education.
12 [(d) When, during the course of the 1982-1983 school year,
13 programs for exceptional children are caused to be transferred
14 from schools or institutions for the blind or deaf, or cerebral
15 palsied or brain damaged or muscular dystrophied or mentally
16 retarded, or socially and emotionally disturbed, as provided for
17 in sections 1376 and 1376.1, to school districts or intermediate
18 units, as provided for in sections 2509 and 2509.1, under
19 unanticipated or emergency circumstances, and when such
20 transfers necessitate the transfer of funds from the
21 appropriation to the Department of Education for special
22 education for approved private schools to the appropriation to
23 the Department of Education for payments on account of special
24 education of exceptional children in public schools, the
25 Secretary of Education shall be empowered so to transfer such
26 funds, upon approval of the Secretary of the Budget and written
27 notification to the State Treasurer and the chairmen of the
28 House and Senate Appropriations and Education Committees.]
29 Section 11. Section 1725-A(a) of the act, amended June 29,
30 2002 (P.L.524, No.88), is amended to read:
20030H0040B0499 - 26 -
1 Section 1725-A. Funding for Charter Schools.--(a) Funding 2 for a charter school shall be provided in the following manner: 3 (1) There shall be no tuition charge for a resident or 4 nonresident student attending a charter school. 5 (2) For non-special education students, the charter school 6 shall receive for each student enrolled no less than the 7 budgeted total expenditure per average daily membership of the 8 prior school year, as defined in section 2501(20), minus the 9 budgeted expenditures of the district of residence for nonpublic 10 school programs; adult education programs; community/junior 11 college programs; student transportation services; for special 12 education programs; facilities acquisition, construction and 13 improvement services; and other financing uses, including debt 14 service and fund transfers as provided in the Manual of 15 Accounting and Related Financial Procedures for Pennsylvania 16 School Systems established by the department. This amount shall 17 be paid by the district of residence of each student. 18 (3) For special education students without disabilities, the 19 charter school shall receive for each student enrolled the same 20 funding as for each non-special education student as provided in 21 clause (2), plus an additional amount determined by dividing the 22 district of residence's total special education expenditure for 23 students without disabilities by the product of multiplying the 24 combined percentage of section 2509.5(k) times the district of 25 residence's total average daily membership for the prior school 26 year. This amount shall be paid by the district of residence of 27 each special education student without disabilities. 28 (3.1) For special education students with disabilities who 29 are required to be educated by the Department of Education and 30 the department agrees in writing that the charter school may 20030H0040B0499 - 27 -
1 provide the education, the charter school shall receive for each 2 student enrolled the same funding as provided to other providers 3 or contractors by the Commonwealth under section 1372(b)(5). 4 (4) A charter school may request the intermediate unit in 5 which the charter school is located to provide services to 6 assist the charter school to address the specific needs of 7 exceptional students. The intermediate unit shall assist the 8 charter school and bill the charter school for the services. The 9 intermediate unit may not charge the charter school more for any 10 service than it charges the constituent districts of the 11 intermediate unit. 12 (5) Payments shall be made to the charter school in twelve 13 (12) equal monthly payments, by the fifth day of each month, 14 within the operating school year. A student enrolled in a 15 charter school shall be included in the average daily membership 16 of the student's district of residence for the purpose of 17 providing basic education funding payments and special education 18 funding pursuant to Article XXV. If a school district fails to 19 make a payment to a charter school as prescribed in this clause, 20 the secretary shall deduct the amount, as documented by the 21 charter school, from any and all State payments made to the 22 district after receipt of documentation from the charter school. 23 (6) Within thirty (30) days after the secretary makes the 24 deduction described in clause (5), a school district may notify 25 the secretary that the deduction made from State payments to the 26 district under this subsection is inaccurate. The secretary 27 shall provide the school district with an opportunity to be 28 heard concerning whether the charter school documented that its 29 students were enrolled in the charter school, the period of time 30 during which each student was enrolled, the school district of 20030H0040B0499 - 28 -
1 residence of each student and whether the amounts deducted from 2 the school district were accurate. 3 * * * 4 Section 12. Section 2509 of the act is amended by adding a 5 subsection to read: 6 Section 2509. Payments on Account of Courses for Exceptional 7 Children.--* * * 8 (g) (1) Except as provided in clause (2), the last school 9 year for payments to school districts under this section for 10 exceptional children with disabilities shall be for the school 11 year 2002-2003. Thereafter payments for the education of 12 exceptional children with disabilities shall be made to 13 intermediate units by the Commonwealth as provided in section 14 1372(b)(5). 15 (2) Payments under this section shall continue to be made to 16 school districts for the education of exceptional children 17 without disabilities. 18 Section 13. Section 2509.1(g) of the act, amended June 30, 19 1995 (P.L.220, No.26), is amended to read: 20 Section 2509.1. Payments to Intermediate Units.--* * * 21 (g) (1) For the 1991-1992 school year and each school year 22 thereafter, for each child enrolled in an intermediate unit 23 class for institutionalized children, the school district in 24 which the child is resident shall pay to the Commonwealth a sum 25 equal to the "tuition charge per elementary pupil" or the 26 "tuition charge per high school pupil," as determined for the 27 schools operated by the district or by a joint board of which 28 the district is a member, for the same year in which the class 29 or school is operated, as provided for in section 2561. In the 30 event that any school district has not established such "tuition 20030H0040B0499 - 29 -
1 charge per elementary pupil" or "tuition charge per high school 2 pupil," the Secretary of Education shall fix a reasonable charge 3 for such district for the year in question. 4 (2) In addition, the district shall pay to the Commonwealth 5 on account of transportation by the intermediate unit of pupils 6 to and from classes and schools for exceptional children who are 7 gifted and of eligible young children to and from early 8 intervention programs, whether or not conducted by the 9 intermediate unit, an amount to be determined by subtracting 10 from the cost of transportation per pupil the reimbursement due 11 the district on account of such transportation. The Commonwealth 12 shall pay all costs associated with the transportation of 13 exceptional children with disabilities. 14 (3) In order to facilitate such payments by the several 15 school districts, the Secretary of Education shall withhold from 16 any moneys due to such districts out of a State appropriation, 17 except from reimbursements due on account of rentals, the 18 amounts due by such school districts to the Commonwealth. All 19 amounts so withheld are hereby specifically appropriated to the 20 Department of Education for the support of public schools. 21 Section 14. Section 2509.4 of the act, added July 8, 1989 22 (P.L.253, No.43), is amended to read: 23 [Section 2509.4. Payments on Account of Special Education 24 Services.--(a) For the school year 1989-1990, the following 25 provisions shall apply to the Commonwealth's payments of funds 26 to school districts and intermediate units for the provisions of 27 special education services. 28 (1) On or before the first day of August, the Commonwealth 29 shall pay to school districts and intermediate units an amount 30 which represents fifty percent (50%) of the total State funds 20030H0040B0499 - 30 -
1 available for such programs operated in the school year 1989- 2 1990. 3 (2) On January 1, 1990, a second payment shall be made to 4 school districts and intermediate units consisting of one-fourth 5 (1/4) of the total State funds available for such programs 6 operated in the school year 1989-1990. 7 (3) If, by March 1, 1990, the State Board of Education has 8 adopted revisions to Chapter 13 Special Education regulations 9 and/or the 22 Pa. Code Ch. 341 standards, the final payment 10 shall consist of the remaining State funds available for such 11 programs operated in the school year 1989-1990. If, on March 1, 12 1990, the State Board of Education has not adopted revisions to 13 Chapter 13 Special Education regulations and/or 22 Pa. Code Ch. 14 341 standards, but the Secretary of the Budget determines that 15 sufficient progress has been made, a one-time waiver in order to 16 make an additional payment of no more than one-eighth (1/8) of 17 the total State funds available for such programs operated in 18 the school year 1989-1990 may be made. 19 (b) From the funds appropriated in the 1989-1990 fiscal year 20 and notwithstanding the provisions of subsection (a)(1), (2) and 21 (3), fifty million dollars ($50,000,000) shall be paid on August 22 1, 1989, to school districts for programs operated in school 23 year 1988-1989 with the additional payment of forty-nine million 24 dollars ($49,000,000) of the funds due the school districts for 25 the programs operated in school year 1988-1989 to be paid on or 26 before December 1, 1989. Any adjustments to these payments may 27 be made in June 1990 on the basis of actual data.] 28 Section 15. Section 2509.5 of the act is amended by adding a 29 subsection to read: 30 Section 2509.5. Special Education Payments to School 20030H0040B0499 - 31 -
1 Districts.--* * * 2 (ll) (1) Except as provided in clause (2), the last school 3 year for payments to school districts under this section for 4 exceptional children with disabilities shall be for the school 5 year 2002-2003. Thereafter payments for the education of 6 exceptional children with disabilities shall be made to 7 intermediate units by the Commonwealth as provided in section 8 1372(b)(5). 9 (2) Payments under this section shall continue to be made to 10 school districts for the education of exceptional children 11 without disabilities. 12 Section 16. Section 2509.6 of the act, amended July 9, 1992 13 (P.L.392, No.85), is amended to read: 14 [Section 2509.6. Average Cost Guarantee.--(a) For the 1991- 15 1992 school year, the dollars available to school districts for 16 operating and administering classes for exceptional children 17 shall be guaranteed at eight thousand five hundred five dollars 18 ($8,505) per average daily membership for special education 19 programs and services offered by school districts during the 20 1990-1991 school year and ten thousand two hundred ninety 21 dollars ($10,290) per average daily membership for special 22 education programs and services offered by the intermediate unit 23 during the 1990-1991 school year. 24 (b) The dollars available to school districts for operating 25 and administering classes for exceptional children shall be the 26 sum of the following: total average daily membership for 27 students receiving special education multiplied by the tuition 28 charge pursuant to section 2561, plus the amount calculated 29 pursuant to sections 2509(f) and 2509.5(b) and three times the 30 district's payment to the Commonwealth for noninstitutionalized 20030H0040B0499 - 32 -
1 children's programs pursuant to section 2509.1(f). 2 (c) If the actual dollars available to a school district, as 3 calculated pursuant to subsection (b), are less than the total 4 guaranteed dollars available to a school district pursuant to 5 subsection (a), then the Commonwealth shall pay to such school 6 district funds equal to the amount of the difference between the 7 total guaranteed dollars available pursuant to subsection (a) 8 and the actual dollars available pursuant to subsection (b).] 9 Section 17. Section 2509.7 of the act, added August 5, 1991 10 (P.L.219, No.25), is amended to read: 11 [Section 2509.7. Minimum Guarantee.--For the 1991-1992 12 school year, each intermediate unit, in the aggregate, including 13 the intermediate unit and its member school districts, shall 14 receive at least a three and five-tenths percent (3.5%) increase 15 in the aggregate revenue for special education over the 16 aggregate cash amount available from the Commonwealth for 17 special education during the 1990-1991 school year. The 18 intermediate unit shall meet with its constituent school 19 districts to develop a plan for the expenditure or distribution 20 of the funds provided by this section for the purpose of the 21 provision of special education programs and services. These 22 funds may not be expended or distributed by the intermediate 23 unit until a majority of the boards of directors of the 24 constituent school districts have approved such expenditures or 25 distribution. If the amount received under the provisions of 26 this section is less than ten thousand dollars ($10,000), such 27 amount may be retained by the intermediate unit for the purpose 28 of providing special education programs or services without the 29 approval of its constituent school districts. For the purpose of 30 computing the revenue available for the guarantee in this 20030H0040B0499 - 33 -
1 section, the Commonwealth shall include funds allocated pursuant 2 to sections 2509(f) and 2509.5(b), plus an amount equal to three 3 times the school district payment to the Commonwealth pursuant 4 to section 2509.1(b) and the funds allocated pursuant to 5 sections 2509.1(c), (d) and (f) and 2509.6.] 6 Section 18. This act shall take effect July 1, 2003. B21L24RZ/20030H0040B0499 - 34 -