SENATE AMENDED PRIOR PRINTER'S NOS. 957, 1832, 2083 PRINTER'S NO. 2169
No. 842 Session of 2007
INTRODUCED BY GRUCELA, CALTAGIRONE, SURRA, COHEN, GEORGE, CREIGHTON, FREEMAN, DALLY, GODSHALL, HESS, KIRKLAND, KULA, McILHATTAN, M. O'BRIEN, O'NEILL, PETRONE, PYLE, RAPP, REICHLEY, SCAVELLO, McILVAINE SMITH, CAPPELLI, EACHUS, M. KELLER, RUBLEY, MUNDY, JOSEPHS, YOUNGBLOOD, PETRARCA, WANSACZ, KOTIK, FABRIZIO, BOYD, JAMES, KING, COSTA, TANGRETTI, THOMAS, BEYER, KENNEY, GIBBONS, SIPTROTH AND PALLONE, MARCH 19, 2007
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 29, 2007
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 TRANSFERRED <-- 6 PROGRAMS AND CLASSES AND FOR program of continuing 7 professional development EDUCATION AND FOR EDUCATIONAL <-- 8 ASSISTANCE PROGRAM; PROVIDING FOR DISTRESSED SCHOOL DISTRICTS <-- 9 AND STUDENT ATTENDANCE IN OTHER DISTRICTS; IN CHARTER SCHOOL 10 PROVISIONS, FURTHER PROVIDING FOR ENROLLMENT; IN EDUCATION 11 EMPOWERMENT PROVISIONS, FURTHER PROVIDING FOR BOARD OF SCHOOL 12 DIRECTORS; PROVIDING FOR SUPERINTENDENT POWER TO RECOMMEND 13 DISMISSAL OF CERTAIN MANAGEMENT EMPLOYEES; AND FOR PUBLIC 14 LIBRARY FUNDING; FURTHER PROVIDING FOR SMALL DISTRICT 15 ASSISTANCE; PROVIDING FOR BASIC EDUCATION FUNDING FOR 2006- 16 2007 SCHOOL YEAR; AND FURTHER PROVIDING FOR PAYMENTS ON <-- 17 ACCOUNT OF LIMITED ENGLISH PROFICIENCY PROGRAMS, FOR PAYMENTS 18 TO INTERMEDIATE UNITS, FOR SPECIAL EDUCATION PAYMENTS TO 19 SCHOOL DISTRICTS AND FOR PENNSYLVANIA ACCOUNTABILITY GRANTS. 20 The General Assembly of the Commonwealth of Pennsylvania 21 hereby enacts as follows: 22 Section 1. Section 1205.2 of the act of March 10, 1949 <-- 23 (P.L.30, No.14), known as the Public School Code of 1949, is
1 amended by adding a subsection to read: 2 Section 1205.2. Program of Continuing Professional 3 Education.--* * * 4 (i.1) The following shall apply: 5 (1) Notwithstanding the provisions of this section, the 6 department may only inactivate a certificate between June 30 and 7 July 31, inclusive, and may only do so due to an educator's 8 failure to comply with the requirements of this act, if a notice 9 of inactive certification is issued and at least thirty-one (31) 10 days have passed from the date of the notice required by 11 subsection (h)(4). 12 (2) If an educator appeals the department's determination 13 that the educator's certification is inactive under subsection 14 (i), the effective date of the secretary's determination shall 15 be as follows: 16 (i) June 30, in cases where the certificate is determined to 17 be inactive on or prior to June 30; or 18 (ii) in cases where the certificate is determined to be 19 inactive between June 30 and July 31, on the date of the 20 determination. 21 * * * 22 SECTION 1. SECTION 1205.2(H) AND (I) OF THE ACT OF MARCH 10, <-- 23 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, 24 AMENDED OR ADDED NOVEMBER 23, 1999 (P.L.529, NO.48) AND JULY 13, 25 2005 (P.L.226, NO.46), ARE AMENDED TO READ: 26 SECTION 1. SECTION 1113(C) OF THE ACT OF MARCH 10, 1949 <-- 27 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, 28 AMENDED AUGUST 5, 1991 (P.L.219, NO.25), IS AMENDED AND THE 29 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ: 30 SECTION 1113. TRANSFERRED PROGRAMS AND CLASSES.--* * * 20070H0842B2169 - 2 -
1 (B.2) (1) THE FOLLOWING SHALL APPLY TO PROFESSIONAL AND 2 TEMPORARY PROFESSIONAL EMPLOYES OF A DISTRESSED SCHOOL DISTRICT 3 IN WHICH PUPILS HAVE BEEN REASSIGNED TO ANOTHER SCHOOL DISTRICT 4 PURSUANT TO SECTION 1607.1: 5 (I) THE DISTRESSED SCHOOL DISTRICT SHALL CREATE A POOL 6 COMPRISED OF THE PROFESSIONAL AND TEMPORARY PROFESSIONAL 7 EMPLOYES WHO HAVE RECEIVED FORMAL NOTICE OF SUSPENSION FROM THE 8 DISTRESSED SCHOOL DISTRICT AS A RESULT OF THE CURTAILMENT OF THE 9 HIGH SCHOOL PROGRAM. 10 (II) EMPLOYES IN THE POOL CREATED UNDER SUBPARAGRAPH (I) 11 SHALL BE OFFERED EMPLOYMENT BY A SCHOOL DISTRICT DESIGNATED 12 UNDER SECTION 1607.1(A)(1) WHENEVER A DESIGNATED SCHOOL DISTRICT 13 HAS A VACANCY FOR A POSITION THAT AN EMPLOYE IN THE POOL IS 14 CERTIFIED TO FILL. NO NEW EMPLOYE SHALL BE HIRED BY ANY 15 DESIGNATED SCHOOL DISTRICT UNTIL THE POSITION HAS BEEN OFFERED, 16 IN ORDER OF SENIORITY, TO ALL PROPERLY CERTIFIED MEMBERS OF THE 17 POOL. 18 (2) THE RIGHTS OF A SUSPENDED EMPLOYE OF THE DISTRESSED 19 SCHOOL DISTRICT SHALL NOT SUPERSEDE THE RIGHTS THAT AN EMPLOYE 20 OF A SCHOOL DISTRICT DESIGNATED UNDER SECTION 1607.1(A)(1), 21 INCLUDING A SUSPENDED OR DEMOTED EMPLOYE, HAS UNDER THIS ACT OR 22 THE COLLECTIVE BARGAINING AGREEMENT OF THE DESIGNATED SCHOOL 23 DISTRICT. 24 (3) EMPLOYES HIRED FROM THE POOL AS PROVIDED UNDER THIS 25 SUBSECTION SHALL BE CREDITED BY A SCHOOL DISTRICT DESIGNATED 26 UNDER SECTION 1607.1(A)(1) FOR ALL SICK LEAVE ACCUMULATED IN THE 27 DISTRESSED SCHOOL DISTRICT AND SHALL BE CREDITED FOR YEARS OF 28 SERVICE IN THE DISTRESSED SCHOOL DISTRICT FOR PURPOSES OF SALARY 29 SCHEDULE PLACEMENT. TEMPORARY PROFESSIONAL AND PROFESSIONAL 30 EMPLOYES SHALL FURTHER BE CREDITED FOR THEIR YEARS OF SERVICE IN 20070H0842B2169 - 3 -
1 THE DISTRESSED SCHOOL DISTRICT FOR PURPOSES OF SABBATICAL LEAVE 2 ELIGIBILITY, SUSPENSION AND REALIGNMENT RIGHTS AND ELIGIBILITY 3 FOR ANY RETIREMENT INCENTIVES OR SEVERANCE PAYMENTS IN A 4 DESIGNATED SCHOOL DISTRICT. 5 (C) NOTHING CONTAINED IN [THIS SECTION] SUBSECTIONS (A) AND 6 (B.1) SHALL BE CONSTRUED TO SUPERSEDE OR PREEMPT ANY PROVISION 7 OF A COLLECTIVE BARGAINING AGREEMENT IN EFFECT ON FEBRUARY 4, 8 1982, AND NEGOTIATED BY A SCHOOL ENTITY AND AN EXCLUSIVE 9 REPRESENTATIVE OF THE EMPLOYES IN ACCORDANCE WITH THE ACT OF 10 JULY 23, 1970 (P.L.563, NO.195), KNOWN AS THE "PUBLIC EMPLOYE 11 RELATIONS ACT." 12 * * * 13 SECTION 2. SECTION 1205.2(H) AND (I) OF THE ACT, AMENDED OR 14 ADDED NOVEMBER 23, 1999 (P.L.529, NO.48) AND JULY 13, 2005 15 (P.L.226, NO.46), ARE AMENDED TO READ: 16 SECTION 1205.2. PROGRAM OF CONTINUING PROFESSIONAL 17 EDUCATION.--* * * 18 (H) THE DEPARTMENT SHALL PROVIDE THE FOLLOWING INFORMATION 19 TO PROFESSIONAL EDUCATORS AND SCHOOL ENTITIES: 20 (1) NOTICE OF THE NUMBER OF CREDITS OR HOURS NEEDED FOR A 21 PROFESSIONAL EDUCATOR TO COMPLY WITH THIS SECTION, AS OF THE 22 DATE ON WHICH SUCH NOTICE IS GIVEN. SUCH NOTICE SHALL BE 23 PROVIDED NO LATER TWELVE (12) MONTHS PRIOR TO THE END OF A 24 PROFESSIONAL EDUCATOR'S FIVE-YEAR COMPLIANCE PERIOD. FOR 25 PROFESSIONAL EDUCATORS WHO HAVE NOT COMPLETED SUFFICIENT CREDITS 26 OR HOURS TO COMPLY WITH THIS SECTION, SUCH NOTICE SHALL BE 27 PROVIDED IN WRITING AND MAILED TO THE MOST RECENT ADDRESS ON 28 RECORD WITH THE DEPARTMENT. FOR PROFESSIONAL EDUCATORS WHO HAVE 29 COMPLETED SUFFICIENT CREDITS OR HOURS TO COMPLY WITH THIS 30 SECTION, SUCH NOTICE SHALL BE PROVIDED BY ELECTRONIC MEANS, 20070H0842B2169 - 4 -
1 WHICH SHALL INCLUDE A NOTATION ON THE ELECTRONIC SYSTEM 2 MAINTAINED BY THE DEPARTMENT PURSUANT TO SUBSECTION (G) 3 AFFIRMING THAT THE PROFESSIONAL EDUCATOR HAS COMPLETED 4 SUFFICIENT CREDITS OR HOURS TO COMPLY WITH THIS SECTION. 5 (2) REASONABLE ACCESS TO REPORTS AND RECORDS RELATING TO A 6 PROFESSIONAL EDUCATOR'S CONTINUING PROFESSIONAL EDUCATION. 7 (3) NOTICE OF INACTIVE CERTIFICATION REQUESTED BY A 8 PROFESSIONAL EDUCATOR. 9 (4) NOTICE OF INACTIVE CERTIFICATION DUE TO FAILURE OF THE 10 PROFESSIONAL EDUCATOR TO MEET THE REQUIREMENTS OF THIS SECTION, 11 WHETHER OR NOT THE INDIVIDUAL IS EMPLOYED BY A SCHOOL ENTITY. 12 THE NOTICE SHALL BE PROVIDED NO LATER THAN THIRTY-ONE (31) DAYS 13 PRIOR TO THE DATE ON WHICH A PROFESSIONAL EDUCATOR'S CERTIFICATE 14 IS PLACED IN INACTIVE STATUS, PROVIDED, THAT THE DEPARTMENT MAY 15 ONLY PLACE A PROFESSIONAL EDUCATOR'S CERTIFICATE IN INACTIVE 16 STATUS BETWEEN JUNE 30 AND JULY 31. 17 (5) NOTICE OF REINSTATEMENT. 18 * * * 19 (I) THE SECRETARY OF EDUCATION SHALL PROVIDE AN EDUCATOR 20 WITH THE OPPORTUNITY TO APPEAL ANY DETERMINATION THAT THE 21 EDUCATOR'S CERTIFICATION IS INACTIVE PURSUANT TO 2 PA.C.S. CHS. 22 5 (RELATING TO PRACTICE AND PROCEDURE) AND 7 (RELATING TO 23 JUDICIAL REVIEW). IF THE SECRETARY DETERMINES THAT AN EDUCATOR'S 24 CERTIFICATE IS INACTIVE UNDER THIS SUBSECTION, THE EFFECTIVE 25 DATE OF THE DETERMINATION SHALL BE BETWEEN JUNE 30 AND JULY 31. 26 * * * 27 SECTION 2 3. SECTION 1512-C(G) OF THE ACT, AMENDED JULY 11, <-- 28 2006 (P.L.1092, NO.114), IS AMENDED TO READ: 29 SECTION 1512-C. EDUCATIONAL ASSISTANCE PROGRAM. 30 * * * 20070H0842B2169 - 5 -
1 (G) EDUCATIONAL ASSISTANCE FUNDING.-- 2 (1) DURING THE 2003-2004, 2004-2005, 2005-2006 [AND], 3 2006-2007 AND 2007-2008 SCHOOL YEARS, THE DEPARTMENT SHALL 4 PROVIDE EACH ELIGIBLE SCHOOL ENTITY WITH EDUCATIONAL 5 ASSISTANCE FUNDING CALCULATED BY: 6 (I) DIVIDING THE NUMBER OF PENNSYLVANIA SYSTEM OF 7 SCHOOL ASSESSMENT TESTS ADMINISTERED IN THE ELIGIBLE 8 SCHOOL ENTITY ON WHICH STUDENTS SCORED BELOW PROFICIENT 9 IN READING OR MATHEMATICS BY THE TOTAL NUMBER OF 10 PENNSYLVANIA SYSTEM OF SCHOOL ASSESSMENT TESTS 11 ADMINISTERED IN THE ELIGIBLE SCHOOL ENTITY IN READING AND 12 MATHEMATICS DURING THE 2002-2003 SCHOOL YEAR. 13 (II) MULTIPLYING THE QUOTIENT FROM SUBPARAGRAPH (I) 14 BY THE AVERAGE DAILY MEMBERSHIP OF THE ELIGIBLE SCHOOL 15 ENTITY DURING THE 2002-2003 SCHOOL YEAR. 16 (III) MULTIPLYING THE PRODUCT FROM SUBPARAGRAPH (II) 17 BY THE DOLLAR VALUE OF FUNDS APPROPRIATED TO THE 18 DEPARTMENT OF EDUCATION FOR THE EDUCATIONAL ASSISTANCE 19 PROGRAM IN THE 2004-2005 FISCAL YEAR. 20 (IV) DIVIDING THE PRODUCT FROM SUBPARAGRAPH (III) BY 21 THE SUM OF THE PRODUCTS OF SUBPARAGRAPH (II) FOR ALL 22 ELIGIBLE SCHOOL ENTITIES THAT QUALIFY FOR GRANT FUNDS 23 UNDER THIS PARAGRAPH. 24 (1.1) DURING THE 2005-2006 [AND], 2006-2007 AND 2007- 25 2008 SCHOOL YEARS, THE DEPARTMENT SHALL PROVIDE EACH SCHOOL 26 ENTITY WITH AT LEAST ONE SCHOOL THAT HAS FAILED TO ACHIEVE 27 ITS 2005 MATHEMATICS PROFICIENCY TARGET OR ITS 2005 READING 28 PROFICIENCY TARGET WITH EDUCATIONAL ASSISTANCE FUNDING FOR 29 THE SUPPORT OF TUTORING SERVICES TO ELIGIBLE STUDENTS 30 ENROLLED IN SEVENTH THROUGH TWELFTH GRADES. SUCH FUNDING 20070H0842B2169 - 6 -
1 SHALL BE CALCULATED AS FOLLOWS: 2 (I) DIVIDING THE NUMBER OF PENNSYLVANIA SYSTEM OF 3 SCHOOL ASSESSMENT TESTS ADMINISTERED IN THE ELIGIBLE 4 SCHOOL ENTITY TO ELEVENTH GRADE STUDENTS ON WHICH SUCH 5 STUDENTS SCORED BELOW THE 2005 READING OR MATHEMATICS 6 PROFICIENCY TARGET BY THE TOTAL NUMBER OF PENNSYLVANIA 7 SYSTEM OF SCHOOL ASSESSMENT TESTS ADMINISTERED IN THE 8 ELIGIBLE SCHOOL ENTITY TO ELEVENTH GRADE STUDENTS IN 9 READING AND MATHEMATICS DURING THE 2003-2004 SCHOOL YEAR. 10 (II) MULTIPLYING THE QUOTIENT FROM SUBPARAGRAPH (I) 11 BY THE AVERAGE DAILY MEMBERSHIP OF THE ELIGIBLE SCHOOL 12 ENTITY DURING THE 2004-2005 SCHOOL YEAR. 13 (III) MULTIPLYING THE PRODUCT FROM SUBPARAGRAPH (II) 14 BY THE DIFFERENCE BETWEEN THE DOLLAR VALUE OF FUNDS 15 APPROPRIATED TO THE DEPARTMENT FOR THE EDUCATIONAL 16 ASSISTANCE PROGRAM IN THE 2004-2005 FISCAL YEAR AND THE 17 DOLLAR VALUE OF FUNDS APPROPRIATED TO THE DEPARTMENT FOR 18 THE EDUCATIONAL ASSISTANCE PROGRAM IN THE [2006-2007] 19 2007-2008 FISCAL YEAR. 20 (IV) DIVIDING THE PRODUCT FROM SUBPARAGRAPH (III) BY 21 THE SUM OF THE PRODUCTS OF SUBPARAGRAPH (II) FOR ALL 22 ELIGIBLE SCHOOL ENTITIES THAT QUALIFY FOR GRANT FUNDS 23 UNDER THIS PARAGRAPH. 24 (2) THE AMOUNT OF EDUCATIONAL ASSISTANCE FUNDING 25 PROVIDED UNDER THIS ARTICLE SHALL BE LIMITED TO FUNDS 26 APPROPRIATED FOR THIS PURPOSE. 27 * * * 28 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <-- 29 SECTION 1607.1. DISTRESSED SCHOOL DISTRICTS AND STUDENT 30 ATTENDANCE IN OTHER DISTRICTS.--(A) IF A THIRD CLASS SCHOOL 20070H0842B2169 - 7 -
1 DISTRICT IN WHICH A PUBLIC HIGH SCHOOL IS NOT MAINTAINED 2 OPERATES AND, FOR AT LEAST FIVE CONSECUTIVE YEARS, HAS OPERATED 3 UNDER A SPECIAL BOARD OF CONTROL UNDER SECTION 692, HAS BEEN 4 PLACED ON THE EDUCATION EMPOWERMENT LIST UNDER SECTION 1703-B, 5 HAS, WITH THE APPROVAL OF THE SECRETARY, CURTAILED ITS 6 EDUCATIONAL PROGRAM BY ELIMINATING ITS HIGH SCHOOL, AND HAS NOT 7 ASSIGNED ITS HIGH SCHOOL PUPILS TO ANOTHER SCHOOL DISTRICT OR 8 SCHOOL DISTRICTS AND PROVIDED ADEQUATE TRANSPORTATION IN A 9 MANNER PURSUANT TO SECTION 1607, THE SECRETARY SHALL HAVE THE 10 FOLLOWING AUTHORITY: 11 (1) TO DESIGNATE TWO OR MORE SCHOOL DISTRICTS THAT SHALL 12 ACCEPT ON A TUITION BASIS THE HIGH SCHOOL STUDENTS OF A 13 DISTRESSED SCHOOL DISTRICT, SO LONG AS A DESIGNATED SCHOOL 14 DISTRICT'S BORDER IS NO MORE THAN THREE MILES FROM THE BORDER OF 15 THE DISTRESSED SCHOOL DISTRICT. SUCH DESIGNATION SHALL OCCUR NO 16 LATER THAN FIFTEEN (15) DAYS AFTER THE EFFECTIVE DATE OF THIS 17 SECTION. 18 (2) TO ESTABLISH A PROCESS THAT A DISTRESSED SCHOOL DISTRICT 19 SHALL USE TO REASSIGN ITS HIGH SCHOOL STUDENTS TO THE SCHOOL 20 DISTRICTS DESIGNATED UNDER PARAGRAPH (1). 21 (3) TO ESTABLISH THE PER-PUPIL TUITION RATE THAT A SCHOOL 22 DISTRICT DESIGNATED UNDER PARAGRAPH (1) SHALL RECEIVE FOR EACH 23 STUDENT IN A REGULAR OR SPECIAL EDUCATION PROGRAM. FOR THE 2007- 24 2008 SCHOOL YEAR, THE TUITION RATE SHALL BE THE 2006-2007 HIGH 25 SCHOOL TUITION CHARGE, OF EACH OF THE SCHOOL DISTRICTS 26 DESIGNATED UNDER PARAGRAPH (1), AS SET FORTH UNDER SECTION (3). 27 FOR THE 2008-2009 SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, 28 THE TUITION RATE ESTABLISHED UNDER THIS PARAGRAPH MAY NOT EXCEED 29 THE TUITION RATE ESTABLISHED FOR THE 2007-2008 SCHOOL YEAR 30 MULTIPLIED BY THE GREATER OF EITHER TWO PER CENTUM (2%) OR THE 20070H0842B2169 - 8 -
1 PERCENTAGE INCREASE IN TOTAL BUDGETED REVENUES AVAILABLE TO A 2 DISTRESSED SCHOOL DISTRICT. 3 (B) A SCHOOL DISTRICT DESIGNATED UNDER SUBSECTION (A)(1) 4 SHALL PROVIDE TRANSPORTATION TO THE STUDENTS REASSIGNED TO ITS 5 HIGH SCHOOL AND SHALL BE ELIGIBLE FOR TRANSPORTATION 6 REIMBURSEMENT IN A MANNER CONSISTENT WITH SECTION 2541. 7 (C) THE SECRETARY SHALL PUBLISH THE FOLLOWING ON THE 8 DEPARTMENT OF EDUCATION'S INTERNET WEBSITE NO LATER THAN AUGUST 9 1, 2007, AND AUGUST 1 OF EACH YEAR THEREAFTER AND IN THE 10 PENNSYLVANIA BULLETIN NO LATER THAN SEPTEMBER 30, 2007, AND 11 SEPTEMBER 30 OF EACH YEAR THEREAFTER: 12 (1) THE NAMES OF THE SCHOOL DISTRICTS DESIGNATED UNDER 13 SUBSECTION (A)(1); 14 (2) THE PROCESS ESTABLISHED UNDER SUBSECTION (A)(2); AND 15 (3) THE TUITION RATE ESTABLISHED UNDER SUBSECTION (A)(3). 16 (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, REGULATION, 17 GUIDELINE, DIRECTIVE, DECISION OR AGREEMENT TO THE CONTRARY, ANY 18 SCHOOL DISTRICT THAT IS DESIGNATED BY THE SECRETARY UNDER 19 SUBSECTION (A)(1) MAY NOT BE REQUIRED TO INCLUDE THE STUDENTS IN 20 ITS PUBLIC SCHOOL ENROLLMENT REPORT FOR THE PURPOSES OF 21 DETERMINING AN INTERSCHOLASTIC SPORTS CLASSIFICATION BY A 22 PRIVATE ENTITY THAT IS ORGANIZED UNDER THE LAWS OF THIS 23 COMMONWEALTH TO ADMINISTER INTERSCHOLASTIC ATHLETICS. 24 (E) A STUDENT ASSIGNED TO A SCHOOL DISTRICT DESIGNATED 25 PURSUANT TO SUBSECTION (A)(1) SHALL BE INCLUDED IN THE AVERAGE 26 DAILY MEMBERSHIP OF THE STUDENT'S SCHOOL DISTRICT OF RESIDENCE 27 FOR THE PURPOSE OF PROVIDING BASIC EDUCATION FUNDING ALLOCATIONS 28 AND SPECIAL EDUCATION FUNDING PAYMENTS PURSUANT TO ARTICLE XXV. 29 (F) NO LATER THAN FEBRUARY 1, 2008, AND FEBRUARY 1 OF EACH 30 YEAR THEREAFTER, THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE 20070H0842B2169 - 9 -
1 SHALL SUBMIT A REPORT TO THE CHAIRMAN AND MINORITY CHAIRMAN OF 2 THE APPROPRIATIONS AND EDUCATION COMMITTEES OF THE SENATE AND TO 3 THE CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS AND 4 EDUCATION COMMITTEES OF THE HOUSE OF REPRESENTATIVES SUMMARIZING 5 THE FINANCIAL AND ACADEMIC STATUS OF A DISTRESSED SCHOOL 6 DISTRICT UNDER THIS SECTION AND INCLUDING AN AUDIT OF ITS 7 ACCOUNTS FOR THE IMMEDIATELY PRECEDING SCHOOL YEAR. 8 (G) (1) NO LATER THAN OCTOBER 1, 2007, THE SECRETARY SHALL 9 ESTABLISH AN EDUCATION ADVISORY COMMITTEE WHICH SHALL PROVIDE 10 SEMI-ANNUAL REPORTS TO THE SECRETARY. SUCH REPORTS TO THE 11 SECRETARY MAY INCLUDE, BUT ARE NOT LIMITED TO: 12 (I) AN EVALUATION OF THE TRANSITION OF STUDENTS THAT HAVE 13 BEEN ASSIGNED TO A SCHOOL DISTRICT DESIGNATED UNDER SUBSECTION 14 (A)(1). 15 (II) RECOMMENDATIONS FOR CHANGES TO THE PROCESS ESTABLISHED 16 UNDER SUBSECTION (A)(2). 17 (III) RECOMMENDATIONS FOR IMPROVING EDUCATION OPPORTUNITIES 18 FOR STUDENTS OF A DISTRESSED SCHOOL DISTRICT UNDER THIS SECTION. 19 (2) THE SECRETARY SHALL PROVIDE THE EDUCATION ADVISORY 20 COMMITTEE A WRITTEN RESPONSE TO THE SEMI-ANNUAL REPORT REQUIRED 21 UNDER THIS PARAGRAPH. 22 (3) THE EDUCATION ADVISORY COMMITTEE SHALL CONSIST OF 23 MEMBERS SELECTED BY THE SECRETARY OF EDUCATION, INCLUDING: 24 (I) A REPRESENTATIVE OF EACH DESIGNATED SCHOOL DISTRICT 25 RECOMMENDED BY THE BOARD OF SCHOOL DIRECTORS OF THE DESIGNATED 26 SCHOOL DISTRICT. 27 (II) A MEMBER OF THE BOARD OF CONTROL OF THE DISTRESSED 28 SCHOOL DISTRICT. 29 (III) AN ADMINISTRATOR FROM EACH DESIGNATED SCHOOL DISTRICT 30 AND FROM THE DISTRESSED SCHOOL DISTRICT. 20070H0842B2169 - 10 -
1 (IV) A TEACHER FROM EACH DESIGNATED SCHOOL DISTRICT AND FROM 2 THE DISTRESSED SCHOOL DISTRICT. 3 (V) AN ELECTED OFFICIAL REPRESENTING VOTERS IN EACH 4 DESIGNATED SCHOOL DISTRICT AND THE DISTRESSED SCHOOL DISTRICT. 5 (VI) THREE RESIDENTS OF EACH OF THE DESIGNATED SCHOOL 6 DISTRICTS. 7 (VII) THREE RESIDENTS OF THE DISTRESSED SCHOOL DISTRICT. 8 (VIII) AN EMPLOYE OF THE DEPARTMENT OF EDUCATION, WHO SHALL 9 NOT BE A CURRENT MEMBER OF THE BOARD OF CONTROL. 10 (IX) A REPRESENTATIVE OF THE INTERMEDIATE UNIT IN WHICH THE 11 DESIGNATED SCHOOL DISTRICT AND DISTRESSED SCHOOL DISTRICT ARE 12 LOCATED. 13 SECTION 5. SECTION 1723-A OF THE ACT IS AMENDED BY ADDING A 14 SUBSECTION TO READ: 15 SECTION 1723-A. ENROLLMENT.--* * * 16 (D) (1) ENROLLMENT OF STUDENTS IN A CHARTER SCHOOL OR CYBER 17 CHARTER SCHOOL SHALL NOT BE SUBJECT TO A CAP OR OTHERWISE 18 LIMITED BY ANY PAST OR FUTURE ACTION OF A BOARD OF SCHOOL 19 DIRECTORS, A BOARD OF CONTROL ESTABLISHED UNDER ARTICLE XVII-B, 20 A SPECIAL BOARD OF CONTROL ESTABLISHED UNDER SECTION 692 OR ANY 21 OTHER GOVERNING AUTHORITY, UNLESS AGREED TO BY THE CHARTER 22 SCHOOL OR CYBER CHARTER SCHOOL AS PART OF A WRITTEN CHARTER 23 PURSUANT TO SECTION 1720-A. 24 (2) THE PROVISIONS OF THIS SUBSECTION SHALL APPLY TO A 25 CHARTER SCHOOL OR CYBER CHARTER SCHOOL REGARDLESS OF WHETHER THE 26 CHARTER WAS APPROVED PRIOR TO OR IS APPROVED SUBSEQUENT TO THE 27 EFFECTIVE DATE OF THIS SUBSECTION. 28 SECTION 6. SECTION 1704-B(C)(1) OF THE ACT, ADDED JULY 11, 29 2006 (P.L.1092, NO.114), IS AMENDED TO READ: 30 SECTION 1704-B. BOARD OF SCHOOL DIRECTORS.--* * * 20070H0842B2169 - 11 -
1 (C) (1) IN ADDITION TO ALL CURRENT RIGHTS, POWERS, 2 PRIVILEGES, PREROGATIVES AND DUTIES, A BOARD OF SCHOOL DIRECTORS 3 OF A SCHOOL DISTRICT THAT HAS BEEN PLACED ON THE EMPOWERMENT 4 LIST DUE TO THE DESIGNATION BY THE SECRETARY AS A COMMONWEALTH 5 PARTNERSHIP SCHOOL DISTRICT SHALL HAVE [THE POWER TO CANCEL OR 6 RENEGOTIATE ANY CONTRACT, OTHER THAN COLLECTIVE BARGAINING 7 AGREEMENTS, FOR THE PURPOSE OF MAKING NECESSARY ECONOMIES IN THE 8 OPERATION OF THE SCHOOLS WITHIN THE SCHOOL DISTRICT; ELIMINATE 9 NONPROFESSIONAL POSITIONS FOR SERVICES NONESSENTIAL FOR THE 10 OPERATION OF THE SCHOOL DISTRICT; OR ENTER INTO AGREEMENTS WITH 11 INDIVIDUALS, FOR-PROFIT OR NONPROFIT ORGANIZATIONS FOR THE 12 OPERATION OF SCHOOL BUILDINGS OR GROUPS OF SCHOOL BUILDINGS OR 13 FOR THE PROVISION OF EDUCATIONAL OR OTHER TYPES OF SERVICES TO 14 OR FOR THE SCHOOL DISTRICT.] THOSE POWERS OF THE BOARD OF SCHOOL 15 DIRECTORS ENUMERATED IN SUBSECTION (A). 16 * * * 17 SECTION 7. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 18 SECTION 1704.1-B. SUPERINTENDENT POWER TO RECOMMEND 19 DISMISSAL.--(A) THE SUPERINTENDENT OF A SCHOOL DISTRICT SHALL 20 HAVE THE AUTHORITY TO RECOMMEND TO THE BOARD OF SCHOOL DIRECTORS 21 DISMISSAL OF A MANAGEMENT EMPLOYE FOR UNSATISFACTORY PERFORMANCE 22 OR WILFUL MISCONDUCT. 23 (B) THE BOARD OF SCHOOL DIRECTORS SHALL CONSIDER A 24 RECOMMENDATION OF THE SUPERINTENDENT FOR DISMISSAL OF A 25 MANAGEMENT EMPLOYE. A RECOMMENDATION FOR DISMISSAL OF A 26 MANAGEMENT EMPLOYE SHALL BE SUBJECT TO SECTION 508. 27 (C) CONSIDERATION OF A RECOMMENDATION FOR THE DISMISSAL OF A 28 MANAGEMENT EMPLOYE UNDER THIS SECTION SHALL COMPLY WITH SECTION 29 514 AND 2 PA.C.S. CH. 5 SUBCH. B (RELATING TO PRACTICE AND 30 PROCEDURE OF LOCAL AGENCIES). 20070H0842B2169 - 12 -
1 (D) FOR THE PURPOSES OF THIS SECTION: 2 (I) THE TERM "MANAGEMENT EMPLOYE" SHALL MEAN AN EMPLOYE WHO 3 HOLDS A MANAGEMENT POSITION ABOVE THE LEVEL OF FIRST LEVEL 4 SUPERVISOR. THIS TERM SHALL NOT INCLUDE A PRINCIPAL, ASSISTANT 5 PRINCIPAL, VICE PRINCIPAL OR ANY POSITION REQUIRING A 6 CERTIFICATE FROM THE SECRETARY OF EDUCATION. 7 (II) THE TERM "SCHOOL DISTRICT" SHALL MEAN A SCHOOL DISTRICT 8 THAT HAS BEEN DESIGNATED BY THE SECRETARY OF EDUCATION AS A 9 COMMONWEALTH PARTNERSHIP SCHOOL DISTRICT. 10 (E) THIS SECTION SHALL EXPIRE DECEMBER 31, 2009. 11 SECTION 3 8. ARTICLE XXIII HEADING OF THE ACT IS AMENDED TO <-- 12 READ: 13 ARTICLE XXIII. 14 FUNDING FOR PUBLIC [SCHOOL] LIBRARIES. 15 SECTION 4 9. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <-- 16 SECTION 2316. STATE AID FOR CERTAIN PUBLIC LIBRARIES. 17 (A) GENERAL RULE.--NOTWITHSTANDING ANY OTHER PROVISION OF LAW 18 TO THE CONTRARY, EACH LIBRARY SUBJECT TO THE ACT OF JUNE 14, 19 1961 (P.L.324, NO.188), KNOWN AS THE LIBRARY CODE, AND THAT 20 RECEIVED A STATE AID ALLOCATION FOR FISCAL YEAR 2006-2007 21 PURSUANT TO THE LIBRARY CODE SHALL BE ELIGIBLE FOR STATE AID IN 22 FISCAL YEAR 2007-2008. 23 (B) FORMULA.--STATE AID UNDER THIS SECTION SHALL CONSIST OF 24 THE FOLLOWING: 25 (1) AN AMOUNT EQUAL TO THE STATE AID ALLOCATION FOR 26 FISCAL YEAR 2006-2007 PURSUANT TO SECTION 303.16 OF THE 27 LIBRARY CODE; AND 28 (2) AN EQUAL DISTRIBUTION GRANT SUPPLEMENT TO BE 29 PROVIDED TO EACH LOCAL LIBRARY, QUALIFYING BRANCH LIBRARY AND 30 BOOKMOBILE. TO DETERMINE THE GRANT AMOUNT UNDER THIS 20070H0842B2169 - 13 -
1 PARAGRAPH, $250,000 SHALL BE DIVIDED BY THE TOTAL NUMBER OF 2 ALL LOCAL LIBRARIES, BRANCH LIBRARIES AND BOOKMOBILES. 3 (C) DISCRETIONARY DISBURSEMENT OF UNALLOCATED FUNDS.--AFTER 4 DISTRIBUTION OF STATE AID TO LIBRARIES UNDER THIS SECTION, ANY 5 REMAINING UNALLOCATED FUNDS MAY BE DISTRIBUTED AT THE DISCRETION 6 OF THE STATE LIBRARIAN. 7 SECTION 5 10. SECTION 2502.13 OF THE ACT IS AMENDED BY <-- 8 ADDING A SUBSECTION TO READ: 9 SECTION 2502.13. SMALL DISTRICT ASSISTANCE.--* * * 10 (M) FOR THE SCHOOL YEAR 2006-2007, THE COMMONWEALTH SHALL 11 PAY TO EACH SCHOOL DISTRICT WHICH HAS AN AVERAGE DAILY 12 MEMBERSHIP OF ONE THOUSAND FIVE-HUNDRED (1,500) OR LESS AND A 13 MARKET VALUE/INCOME AID RATIO OF FIVE THOUSAND TEN-THOUSANDTHS 14 (0.5000) OR GREATER AN AMOUNT EQUAL TO SIXTY DOLLARS ($60) 15 MULTIPLIED BY THAT DISTRICT'S AVERAGE DAILY MEMBERSHIP AND BY 16 THAT DISTRICT'S MARKET VALUE/INCOME AID RATIO. 17 SECTION 6 11. THE ACT IS AMENDED BY ADDING A SECTION TO <-- 18 READ: 19 SECTION 2502.47. BASIC EDUCATION FUNDING FOR 2006-2007 20 SCHOOL YEAR.--FOR THE 2006-2007 SCHOOL YEAR, THE COMMONWEALTH 21 SHALL PAY TO EACH SCHOOL DISTRICT A BASIC EDUCATION FUNDING 22 ALLOCATION WHICH SHALL CONSIST OF THE FOLLOWING: 23 (1) AN AMOUNT EQUAL TO THE BASIC EDUCATION FUNDING 24 ALLOCATION FOR THE 2005-2006 SCHOOL YEAR UNDER SECTIONS 2502.13, 25 2502.45 AND 2504.4. 26 (2) IF A SCHOOL DISTRICT HAS BEEN DECLARED A COMMONWEALTH 27 PARTNERSHIP SCHOOL DISTRICT UNDER ARTICLE XVII-B, AN AMOUNT 28 EQUAL TO FOUR MILLION DOLLARS ($4,000,000). 29 (3) A BASE SUPPLEMENT CALCULATED AS FOLLOWS: 30 (I) IF THE SCHOOL DISTRICT'S MARKET VALUE/INCOME AID RATIO 20070H0842B2169 - 14 -
1 IS EQUAL TO OR GREATER THAN SEVEN THOUSAND THREE HUNDRED NINETY- 2 ONE TEN-THOUSANDTHS (.7391): 3 (A) MULTIPLY THE SCHOOL DISTRICT'S 2007-2008 MARKET 4 VALUE/INCOME AID RATIO BY ITS 2006-2007 AVERAGE DAILY 5 MEMBERSHIP. 6 (B) MULTIPLY THE PRODUCT FROM CLAUSE (A) BY FIVE MILLION 7 NINE HUNDRED FIFTY THOUSAND DOLLARS ($5,950,000). 8 (C) DIVIDE THE PRODUCT FROM CLAUSE (B) BY THE SUM OF THE 9 PRODUCTS OF THE 2007-2008 MARKET VALUE/INCOME AID RATIO 10 MULTIPLIED BY THE 2006-2007 AVERAGE DAILY MEMBERSHIP FOR ALL 11 QUALIFYING SCHOOL DISTRICTS. 12 (II) IF THE SCHOOL DISTRICT'S 2007-2008 MARKET VALUE/INCOME 13 AID RATIO IS EQUAL TO OR GREATER THAN SIX THOUSAND SIX HUNDRED 14 FIFTEEN TEN-THOUSANDTHS (.6615) AND LESS THAN SEVEN THOUSAND 15 THREE HUNDRED NINETY-ONE TEN-THOUSANDTHS (.7391): 16 (A) MULTIPLY THE SCHOOL DISTRICT'S 2007-2008 MARKET VALUE/ 17 INCOME AID RATIO BY ITS 2006-2007 AVERAGE DAILY MEMBERSHIP. 18 (B) MULTIPLY THE PRODUCT FROM CLAUSE (A) BY SEVENTEEN 19 MILLION FIVE HUNDRED TWENTY THOUSAND DOLLARS ($17,520,000). 20 (C) DIVIDE THE PRODUCT FROM CLAUSE (B) BY THE SUM OF THE 21 PRODUCTS OF THE 2007-2008 MARKET VALUE/INCOME AID RATIO 22 MULTIPLIED BY THE 2006-2007 AVERAGE DAILY MEMBERSHIP FOR ALL 23 QUALIFYING SCHOOL DISTRICTS. 24 (III) IF THE SCHOOL DISTRICT'S 2007-2008 MARKET VALUE/ 25 INCOME AID RATIO IS EQUAL TO OR GREATER THAN FIVE THOUSAND EIGHT 26 HUNDRED FIFTY-SIX TEN-THOUSANDTHS (.5856) AND LESS THAN SIX 27 THOUSAND SIX HUNDRED FIFTEEN TEN-THOUSANDTHS (.6615): 28 (A) MULTIPLY THE SCHOOL DISTRICT'S 2007-2008 MARKET 29 VALUE/INCOME AID RATIO BY ITS 2006-2007 AVERAGE DAILY 30 MEMBERSHIP. 20070H0842B2169 - 15 -
1 (B) MULTIPLY THE PRODUCT FROM CLAUSE (A) BY SEVEN MILLION 2 EIGHT HUNDRED THOUSAND DOLLARS ($7,800,000). 3 (C) DIVIDE THE PRODUCT FROM CLAUSE (B) BY THE SUM OF THE 4 PRODUCTS OF THE 2007-2008 MARKET VALUE/INCOME AID RATIO 5 MULTIPLIED BY THE 2006-2007 AVERAGE DAILY MEMBERSHIP FOR ALL 6 QUALIFYING SCHOOL DISTRICTS. 7 (IV) IF THE SCHOOL DISTRICT'S 2007-2008 MARKET VALUE/INCOME 8 AID RATIO IS EQUAL TO OR GREATER THAN FOUR THOUSAND ONE HUNDRED 9 NINETY-FIVE TEN-THOUSANDTHS (.4195) AND LESS THAN FIVE THOUSAND 10 EIGHT HUNDRED FIFTY-SIX TEN-THOUSANDTHS (.5856): 11 (A) MULTIPLY THE SCHOOL DISTRICT'S 2007-2008 MARKET VALUE/ 12 INCOME AID RATIO BY ITS 2006-2007 AVERAGE DAILY MEMBERSHIP. 13 (B) MULTIPLY THE PRODUCT FROM CLAUSE (A) BY ELEVEN MILLION 14 FOUR HUNDRED THOUSAND DOLLARS ($11,400,000). 15 (C) DIVIDE THE PRODUCT FROM CLAUSE (B) BY THE SUM OF THE 16 PRODUCTS OF THE 2007-2008 MARKET VALUE/INCOME AID RATIO 17 MULTIPLIED BY THE 2006-2007 AVERAGE DAILY MEMBERSHIP FOR ALL 18 QUALIFYING SCHOOL DISTRICTS. 19 (V) IF THE SCHOOL DISTRICT'S 2007-2008 MARKET VALUE/INCOME 20 AID RATIO IS LESS THAN FOUR THOUSAND ONE HUNDRED NINETY-FIVE 21 TEN-THOUSANDTHS (.4195): 22 (A) MULTIPLY THE SCHOOL DISTRICT'S 2007-2008 MARKET VALUE/ 23 INCOME AID RATIO BY ITS 2006-2007 AVERAGE DAILY MEMBERSHIP. 24 (B) MULTIPLY THE PRODUCT FROM CLAUSE (A) BY SIX MILLION 25 TWENTY-FIVE THOUSAND DOLLARS ($6,025,000). 26 (C) DIVIDE THE PRODUCT FROM CLAUSE (B) BY THE SUM OF THE 27 PRODUCTS OF THE 2007-2008 MARKET VALUE/INCOME AID RATIO 28 MULTIPLIED BY THE 2006-2007 AVERAGE DAILY MEMBERSHIP FOR ALL 29 QUALIFYING SCHOOL DISTRICTS. 30 (4) A POVERTY SUPPLEMENT CALCULATED FOR QUALIFYING SCHOOL 20070H0842B2169 - 16 -
1 DISTRICTS AS FOLLOWS: 2 (I) FOR A SCHOOL DISTRICT TO QUALIFY FOR THE POVERTY 3 SUPPLEMENT: 4 (A) FORTY PERCENT (40%) OR MORE OF THE STUDENTS ENROLLED IN 5 THE SCHOOL DISTRICT ON OCTOBER 31, 2006, MUST HAVE BEEN ELIGIBLE 6 FOR FREE OR REDUCED PRICE MEALS UNDER THE SCHOOL LUNCH PROGRAM 7 AND THE SCHOOL DISTRICT'S 2007-2008 MARKET VALUE/INCOME AID 8 RATIO MUST BE AT LEAST FOUR THOUSAND FIVE HUNDRED TEN- 9 THOUSANDTHS (.4500); OR 10 (B) EQUAL TO OR GREATER THAN THIRTY PERCENT (30%) AND FEWER 11 THAN FORTY PERCENT (40%) OF THE STUDENTS ENROLLED IN THE SCHOOL 12 DISTRICT ON OCTOBER 31, 2006, MUST HAVE BEEN ELIGIBLE FOR FREE 13 OR REDUCED PRICE MEALS UNDER THE SCHOOL LUNCH PROGRAM AND THE 14 SCHOOL DISTRICT'S 2007-2008 MARKET VALUE/INCOME AID RATIO MUST 15 BE AT LEAST SIX THOUSAND FIVE HUNDRED TEN-THOUSANDTHS (.6500). 16 (II) THE POVERTY SUPPLEMENT SHALL BE CALCULATED FOR 17 QUALIFYING SCHOOL DISTRICTS AS FOLLOWS: 18 (A) MULTIPLY THE SCHOOL DISTRICT'S 2007-2008 MARKET VALUE/ 19 INCOME AID RATIO BY ITS 2006-2007 AVERAGE DAILY MEMBERSHIP BY 20 THE PERCENT OF STUDENTS ENROLLED IN THE SCHOOL DISTRICT ON 21 OCTOBER 31, 2006, WHO WERE ELIGIBLE FOR FREE OR REDUCED PRICE 22 MEALS UNDER THE SCHOOL LUNCH PROGRAM. 23 (B) MULTIPLY THE PRODUCT FROM CLAUSE (A) BY TWENTY-SIX 24 MILLION DOLLARS ($26,000,000). 25 (C) DIVIDE THE PRODUCT FROM CLAUSE (B) BY THE SUM OF THE 26 PRODUCTS OF THE 2007-2008 MARKET VALUE/INCOME AID RATIO 27 MULTIPLIED BY THE 2006-2007 AVERAGE DAILY MEMBERSHIP MULTIPLIED 28 BY THE PERCENT OF STUDENTS ENROLLED IN THE SCHOOL DISTRICT ON 29 OCTOBER 31, 2006, WHO WERE ELIGIBLE FOR FREE OR REDUCED PRICE 30 MEALS UNDER THE SCHOOL LUNCH PROGRAM FOR ALL QUALIFYING SCHOOL 20070H0842B2169 - 17 -
1 DISTRICTS. 2 (5) A FOUNDATION SUPPLEMENT CALCULATED FOR QUALIFYING 3 DISTRICTS AS FOLLOWS: 4 (I) TO QUALIFY FOR THE FOUNDATION SUPPLEMENT, A SCHOOL 5 DISTRICT'S 2005-2006 ADJUSTED CURRENT EXPENDITURES PER AVERAGE 6 DAILY MEMBERSHIP MUST BE LESS THAN THE FOUNDATION TARGET AND ITS 7 2005-2006 EQUALIZED MILLAGE MUST BE GREATER THAN OR EQUAL TO 8 18.0. FOR THE PURPOSE OF THIS SUBSECTION, THE "FOUNDATION 9 TARGET" SHALL BE ONE OF THE FOLLOWING: 10 (A) THE 2003-2004 MEDIAN CURRENT EXPENDITURES PER AVERAGE 11 DAILY MEMBERSHIP INCREASED BY THREE AND NINE-TENTHS PERCENT 12 (3.9%) AND FURTHER INCREASED BY THREE AND FOUR-TENTHS PERCENT 13 (3.4%). 14 (B) FOR A SCHOOL DISTRICT WHERE AT LEAST FIFTY PERCENT (50%) 15 OF STUDENTS ENROLLED IN THE SCHOOL DISTRICT ON OCTOBER 31, 2006, 16 WERE ELIGIBLE FOR FREE OR REDUCED PRICE MEALS UNDER THE SCHOOL 17 LUNCH PROGRAM, THE AMOUNT REFERENCED UNDER CLAUSE (A) INCREASED 18 BY TWENTY PERCENT (20%). 19 (II) THE FOUNDATION SUPPLEMENT SHALL BE CALCULATED FOR 20 QUALIFYING SCHOOL DISTRICTS AS FOLLOWS: 21 (A) MULTIPLY THE SCHOOL DISTRICT'S 2007-2008 MARKET 22 VALUE/INCOME AID RATIO BY ITS 2006-2007 AVERAGE DAILY 23 MEMBERSHIP. 24 (B) MULTIPLY THE PRODUCT IN CLAUSE (A) BY THE LESSER OF: 25 (I) FIVE HUNDRED DOLLARS ($500), OR IF ITS 2007-2008 MARKET 26 VALUE/INCOME AID RATIO IS EQUAL TO OR GREATER THAN SEVEN 27 THOUSAND TEN-THOUSANDTHS (.7000), EIGHT HUNDRED FIFTY DOLLARS 28 ($850); 29 (II) THE DIFFERENCE BETWEEN THE VALUE OF THE FOUNDATION 30 TARGET AND THE SCHOOL DISTRICT'S 2005-2006 ADJUSTED CURRENT 20070H0842B2169 - 18 -
1 EXPENDITURES PER AVERAGE DAILY MEMBERSHIP; OR 2 (III) IF THE SCHOOL DISTRICT'S 2005-2006 EQUALIZED MILLAGE 3 IS LESS THAN TWENTY-ONE AND ONE-TENTH (21.1), THE PRODUCT OF THE 4 LESSER OF THE AMOUNT IN CLAUSE (B)(I) OR (II) AND THE QUOTIENT 5 OF ITS 2005-2006 EQUALIZED MILLAGE DIVIDED BY TWENTY-ONE AND 6 ONE-TENTH (21.1). 7 (C) MULTIPLY THE PRODUCT FROM CLAUSE (B) BY FORTY MILLION 8 DOLLARS ($40,000,000). 9 (D) DIVIDE THE PRODUCT FROM CLAUSE (C) BY THE SUM OF THE 10 PRODUCTS FROM CLAUSE (B). 11 (III) IF A QUALIFYING SCHOOL DISTRICT'S 2005-2006 EQUALIZED 12 MILLAGE IS EQUAL TO OR GREATER THAN TWENTY-FOUR AND SEVEN-TENTHS 13 (24.7), IT SHALL RECEIVE AN ADDITIONAL PAYMENT CALCULATED AS 14 FOLLOWS: 15 (A) MULTIPLY THE PRODUCT FROM SUBPARAGRAPH (II)(B) BY 16 EIGHTEEN MILLION DOLLARS ($18,000,000). 17 (B) DIVIDE THE PRODUCT FROM CLAUSE (A) BY THE SUM OF THE 18 PRODUCTS FROM SUBPARAGRAPH (II)(B) FOR QUALIFYING SCHOOL 19 DISTRICTS. 20 (6) A TAX EFFORT SUPPLEMENT CALCULATED FOR QUALIFYING SCHOOL 21 DISTRICTS AS FOLLOWS: 22 (I) TO QUALIFY FOR THIS PORTION OF THE TAX EFFORT 23 SUPPLEMENT, THE PERCENT CHANGE IN A SCHOOL DISTRICT'S MARKET 24 VALUE FROM 2000 TO 2005 MUST BE LESS THAN TEN PERCENT (10%). 25 (II) THIS PORTION OF THE TAX EFFORT SUPPLEMENT SHALL BE 26 CALCULATED FOR QUALIFYING SCHOOL DISTRICTS AS FOLLOWS: 27 (A) MULTIPLY THE SCHOOL DISTRICT'S 2007-2008 MARKET 28 VALUE/INCOME AID RATIO BY ITS 2006-2007 AVERAGE DAILY 29 MEMBERSHIP. 30 (B) MULTIPLY THE PRODUCT FROM CLAUSE (A) BY THREE MILLION 20070H0842B2169 - 19 -
1 DOLLARS ($3,000,000). 2 (C) DIVIDE THE PRODUCT FROM CLAUSE (B) BY THE SUM OF THE 3 PRODUCTS OF THE 2007-2008 MARKET VALUE/INCOME AID RATIO 4 MULTIPLIED BY THE 2006-2007 AVERAGE DAILY MEMBERSHIP FOR ALL 5 QUALIFYING SCHOOL DISTRICTS. 6 (III) TO QUALIFY FOR THIS PORTION OF THE TAX EFFORT 7 SUPPLEMENT, A SCHOOL DISTRICT'S 2005-2006 EQUALIZED MILLAGE MUST 8 BE EQUAL TO OR GREATER THAN TWENTY-ONE AND ONE-TENTH (21.1) 9 EQUALIZED MILLS. 10 (IV) THIS PORTION OF THE TAX EFFORT SUPPLEMENT SHALL BE 11 CALCULATED FOR QUALIFYING SCHOOL DISTRICTS AS FOLLOWS: 12 (A) MULTIPLY THE SCHOOL DISTRICT'S 2006-2007 AVERAGE DAILY 13 MEMBERSHIP BY FIVE MILLION DOLLARS ($5,000,000). 14 (B) DIVIDE THE PRODUCT FROM CLAUSE (A) BY THE SUM OF THE 15 2006-2007 AVERAGE DAILY MEMBERSHIP FOR ALL QUALIFYING SCHOOL 16 DISTRICTS. 17 (7) A GROWTH SUPPLEMENT CALCULATED FOR QUALIFYING SCHOOL 18 DISTRICTS AS FOLLOWS: 19 (I) TO QUALIFY FOR THIS PORTION OF THE GROWTH SUPPLEMENT, 20 THE SCHOOL DISTRICT'S 2005-2006 AVERAGE DAILY MEMBERSHIP MUST BE 21 AT LEAST FIVE PERCENT (5%) GREATER THAN THE SCHOOL DISTRICT'S 22 2000-2001 AVERAGE DAILY MEMBERSHIP, THE SCHOOL DISTRICT'S 2005 23 MARKET VALUE PER 2005-2006 AVERAGE DAILY MEMBERSHIP MUST BE LESS 24 THAN OR EQUAL TO NINETEEN AND ONE-HALF PERCENT (19.50%) GREATER 25 THAN THE SCHOOL DISTRICT'S 2000 MARKET VALUE PER 2000-2001 26 AVERAGE DAILY MEMBERSHIP AND THE SCHOOL DISTRICT'S 2006-2007 27 AVERAGE DAILY MEMBERSHIP MUST BE GREATER THAN THE SCHOOL 28 DISTRICT'S 2005-2006 AVERAGE DAILY MEMBERSHIP. THIS PORTION OF 29 THE GROWTH SUPPLEMENT SHALL BE CALCULATED FOR QUALIFYING SCHOOL 30 DISTRICTS AS FOLLOWS: 20070H0842B2169 - 20 -
1 (A) MULTIPLY THE SCHOOL DISTRICT'S 2007-2008 MARKET VALUE/ 2 INCOME AID RATIO BY THE DIFFERENCE BETWEEN THE SCHOOL DISTRICT'S 3 2005-2006 AVERAGE DAILY MEMBERSHIP AND THE SCHOOL DISTRICT'S 4 2006-2007 AVERAGE DAILY MEMBERSHIP. 5 (B) MULTIPLY THE PRODUCT FROM CLAUSE (A) BY TWO MILLION FIVE 6 HUNDRED THOUSAND DOLLARS ($2,500,000). 7 (C) DIVIDE THE PRODUCT FROM CLAUSE (B) BY THE SUM OF THE 8 PRODUCTS OF THE 2007-2008 MARKET VALUE/INCOME AID RATIO 9 MULTIPLIED BY THE DIFFERENCE BETWEEN THE 2005-2006 AVERAGE DAILY 10 MEMBERSHIP AND THE 2006-2007 AVERAGE DAILY MEMBERSHIP FOR ALL 11 QUALIFYING SCHOOL DISTRICTS. 12 (II) TO QUALIFY FOR THIS PORTION OF THE GROWTH SUPPLEMENT, A 13 SCHOOL DISTRICT'S 2006-2007 AVERAGE DAILY MEMBERSHIP MUST BE 14 GREATER THAN ITS 2005-2006 AVERAGE DAILY MEMBERSHIP. THIS 15 PORTION OF THE GROWTH SUPPLEMENT SHALL BE CALCULATED FOR 16 QUALIFYING SCHOOL DISTRICTS AS FOLLOWS: 17 (A) SUBTRACT THE SCHOOL DISTRICT'S 2005-2006 AVERAGE DAILY 18 MEMBERSHIP FROM ITS 2006-2007 AVERAGE DAILY MEMBERSHIP. 19 (B) MULTIPLY THE DIFFERENCE FROM CLAUSE (A) BY FIVE MILLION 20 DOLLARS ($5,000,000). 21 (C) DIVIDE THE PRODUCT FROM CLAUSE (B) BY THE SUM OF THE 22 DIFFERENCES FROM CLAUSE (A) FOR ALL QUALIFYING SCHOOL DISTRICTS. 23 (8) EACH SCHOOL DISTRICT SHALL RECEIVE AN INFLATION INDEX 24 SUPPLEMENT AS NECESSARY SO THAT THE SUM OF THE AMOUNTS UNDER 25 SECTION 2502.13, 2504.4 AND PARAGRAPHS (3), (4), (5), (6) AND 26 (7) AND THIS PARAGRAPH EQUAL THREE AND FOUR-TENTHS PERCENT 27 (3.4%) MULTIPLIED BY ITS 2007-2008 MARKET VALUE/INCOME AID RATIO 28 OF THE AMOUNT IN PARAGRAPH (1). 29 (9) EACH SCHOOL DISTRICT SHALL RECEIVE ADDITIONAL FUNDING AS 30 NECESSARY SO THAT THE SUM OF THE AMOUNTS UNDER SECTION 2502.13, 20070H0842B2169 - 21 -
1 2504.4 AND PARAGRAPHS (3), (4), (5), (6), (7) AND (8) AND THIS 2 PARAGRAPH SHALL EQUAL AT LEAST TWO AND ONE-QUARTER PERCENT 3 (2.25%) OF THE AMOUNT IN PARAGRAPH (1). 4 SECTION 7 12. SECTIONS 2504.4, 2509.1 AND 2509.5 OF THE ACT <-- 5 ARE AMENDED BY ADDING SUBSECTIONS TO READ: 6 SECTION 2504.4. PAYMENTS ON ACCOUNT OF LIMITED ENGLISH 7 PROFICIENCY PROGRAMS.--* * * 8 (A.3) TO QUALIFY FOR LIMITED ENGLISH PROFICIENCY PAYMENTS 9 UNDER THIS SECTION, A SCHOOL DISTRICT'S 2007-2008 MARKET 10 VALUE/INCOME AID RATIO MUST BE EQUAL TO OR GREATER THAN THREE 11 THOUSAND EIGHT HUNDRED TEN-THOUSANDTHS (.3800) AND THE NUMBER OF 12 ENROLLED STUDENTS IDENTIFIED AS LIMITED ENGLISH PROFICIENT IN 13 THE 2005-2006 SCHOOL YEAR MUST BE EQUAL TO OR GREATER THAN THREE 14 AND ONE-HALF PERCENT (3.5%) OF THE SCHOOL DISTRICT'S 2005-2006 15 AVERAGE DAILY MEMBERSHIP. THE ALLOCATION UNDER THIS SECTION 16 SHALL BE PAID IN FISCAL YEAR 2007-2008 OUT OF THE APPROPRIATION 17 FOR BASIC EDUCATION FUNDING AND CALCULATED FOR QUALIFYING SCHOOL 18 DISTRICTS AS FOLLOWS: 19 (1) MULTIPLY THE NUMBER OF ENROLLED STUDENTS IDENTIFIED AS 20 LIMITED ENGLISH PROFICIENT IN THE 2005-2006 SCHOOL YEAR BY TWO 21 MILLION SEVEN HUNDRED THOUSAND DOLLARS ($2,700,000). 22 (2) DIVIDE THE PRODUCT FROM PARAGRAPH (1) BY THE SUM OF 23 ENROLLED STUDENTS IDENTIFIED AS LIMITED ENGLISH PROFICIENT FOR 24 ALL QUALIFYING SCHOOL DISTRICTS. 25 SECTION 2509.1. PAYMENTS TO INTERMEDIATE UNITS.--* * * 26 (B.15) UP TO ELEVEN MILLION TWO HUNDRED THOUSAND DOLLARS 27 ($11,200,000) MAY BE UTILIZED FOR PROGRAMS ADMINISTERED AND 28 OPERATED BY INTERMEDIATE UNITS DURING THE 2007-2008 SCHOOL YEAR 29 FOR INSTITUTIONALIZED CHILDREN AS ESTABLISHED IN SUBSECTION 30 (B.1). 20070H0842B2169 - 22 -
1 * * * 2 SECTION 2509.5. SPECIAL EDUCATION PAYMENTS TO SCHOOL 3 DISTRICTS.--* * * 4 (VV) DURING THE 2007-2008 SCHOOL YEAR, EACH SCHOOL DISTRICT 5 SHALL BE PAID THE AMOUNT IT RECEIVED DURING THE 2006-2007 SCHOOL 6 YEAR UNDER SUBSECTIONS (RR), (SS), (TT) AND (UU). 7 (WW) DURING THE 2007-2008 SCHOOL YEAR, TWENTY-SEVEN MILLION 8 SIX HUNDRED AND EIGHTY-ONE THOUSAND SIX HUNDRED AND TWENTY <-- 9 DOLLARS ($27,681,620) EIGHTY-TWO THOUSAND ONE HUNDRED AND <-- 10 NINETY-THREE DOLLARS ($27,682,193) OF THE FUNDS APPROPRIATED TO 11 THE DEPARTMENT OF EDUCATION FOR SPECIAL EDUCATION SHALL BE USED 12 TO PROVIDE SUPPLEMENTAL FUNDING FOR SPECIAL EDUCATION TO ALL 13 SCHOOL DISTRICTS. EACH SCHOOL DISTRICT SHALL RECEIVE A FUNDING 14 SUPPLEMENT CALCULATED AS FOLLOWS: 15 (1) MULTIPLY EACH SCHOOL DISTRICT'S 2007-2008 MARKET 16 VALUE/INCOME AID RATIO BY SIXTEEN PERCENT (16%) OF ITS 2006-2007 17 AVERAGE DAILY MEMBERSHIP; 18 (2) MULTIPLY THE PRODUCT FROM PARAGRAPH (1) BY TWENTY-SEVEN 19 MILLION DOLLARS ($27,000,000); AND 20 (3) DIVIDE THE RESULTANT PRODUCT FROM PARAGRAPH (2) BY THE 21 SUM OF THE PRODUCTS OF THE 2007-2008 MARKET VALUE/INCOME AID 22 RATIO MULTIPLIED BY SIXTEEN PERCENT (16%) OF THE 2006-2007 23 AVERAGE DAILY MEMBERSHIP FOR ALL SCHOOL DISTRICTS. 24 (XX) EACH SCHOOL DISTRICT SHALL RECEIVE AN INFLATION INDEX 25 SUPPLEMENT AS NECESSARY SO THAT THE AMOUNTS UNDER SUBSECTION 26 (WW) AND THIS SUBSECTION EQUAL THREE AND FOUR-TENTHS PERCENT 27 (3.4%) MULTIPLIED BY EACH SCHOOL DISTRICT'S 2007-2008 MARKET 28 VALUE/INCOME AID RATIO OF THE AMOUNT IN SUBSECTION (VV). 29 (YY) EACH SCHOOL DISTRICT FOR WHICH THE SUM OF THE 30 SUPPLEMENTS UNDER SUBSECTIONS (WW) AND (XX) PROVIDES AN AMOUNT 20070H0842B2169 - 23 -
1 LESS THAN TWO PERCENT (2%) OF THE AMOUNT PROVIDED UNDER 2 SUBSECTION (VV) SHALL RECEIVE ADDITIONAL FUNDING AS NECESSARY SO 3 THAT THE SUM OF THE AMOUNTS PROVIDED UNDER SUBSECTIONS (WW), 4 (XX) AND THIS SUBSECTION EQUALS TWO PERCENT (2%) OF THE AMOUNT 5 PROVIDED UNDER SUBSECTION (VV). 6 SECTION 8 13. SECTION 2599.2(B) AND (C) OF THE ACT, AMENDED <-- 7 JULY 13, 2005 (P.L.226, NO.46) AND JULY 11, 2006 (P.L.1092, 8 NO.114), ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A 9 SUBSECTION TO READ: 10 SECTION 2599.2. PENNSYLVANIA ACCOUNTABILITY GRANTS.--* * * 11 (B) THE GRANT SHALL BE USED BY A SCHOOL DISTRICT TO ATTAIN 12 OR MAINTAIN ACADEMIC PERFORMANCE TARGETS. FUNDS OBTAINED UNDER 13 THIS SECTION MAY BE USED FOR ANY OF THE FOLLOWING: 14 (1) ESTABLISHING, MAINTAINING OR EXPANDING A QUALITY PRE- 15 KINDERGARTEN PROGRAM ALIGNED WITH THE CURRENT ACADEMIC STANDARDS 16 CONTAINED IN 22 PA. CODE CH. 4 (RELATING TO ACADEMIC STANDARDS 17 AND ASSESSMENT). 18 (2) ESTABLISHING, MAINTAINING OR EXPANDING A QUALITY FULL- 19 DAY KINDERGARTEN PROGRAM ALIGNED WITH THE CURRENT ACADEMIC 20 STANDARDS CONTAINED IN 22 PA. CODE CH. 4. SUCH PROGRAMS SHALL BE 21 KEPT OPEN FOR FIVE HOURS EACH DAY FOR THE FULL SCHOOL TERM AS 22 PROVIDED IN SECTION 1501. THE BOARD OF SCHOOL DIRECTORS OF A 23 SCHOOL DISTRICT MAY OFFER A FULL-DAY KINDERGARTEN PROGRAM TO 24 CHILDREN WHO ARE BETWEEN FOUR AND SIX YEARS OLD. 25 (3) ESTABLISHING, MAINTAINING OR EXPANDING A CLASS SIZE 26 REDUCTION PROGRAM. SUCH CLASS SIZE REDUCTION PROGRAM SHALL 27 APPOINT AND ASSIGN A MINIMUM OF ONE TEACHER FOR EVERY 17 28 STUDENTS OR TWO TEACHERS FOR EVERY 35 STUDENTS ENROLLED IN A 29 KINDERGARTEN, FIRST, SECOND OR THIRD GRADE CLASSROOM. ALL 30 TEACHERS APPOINTED AND ASSIGNED TO TEACH KINDERGARTEN, FIRST, 20070H0842B2169 - 24 -
1 SECOND OR THIRD GRADE SHALL BE CERTIFIED IN ACCORDANCE WITH 22 2 PA. CODE CH. 49 (RELATING TO CERTIFICATION OF PROFESSIONAL 3 PERSONNEL) OR ITS SUCCESSORS. THE DEPARTMENT SHALL ESTABLISH 4 GUIDELINES TO ASSURE THAT NO SCHOOL DISTRICT SATISFIES THE 5 REQUIREMENTS OF THIS PARAGRAPH BY MAKING A REDUCTION IN, AND 6 SUBSEQUENT INCREASE TO, CURRENT TEACHER COMPLEMENT. FOR PURPOSES 7 OF THIS PARAGRAPH, THE PHRASE "ONE TEACHER FOR EVERY 17 STUDENTS 8 OR TWO TEACHERS FOR EVERY 35 STUDENTS ENROLLED IN A 9 KINDERGARTEN, FIRST, SECOND OR THIRD GRADE CLASSROOM" SHALL 10 REFER TO THE NUMBER OF TEACHERS CONDUCTING A CLASS AT ANY ONE 11 TIME IN A CLASSROOM CONTAINING THE APPLICABLE NUMBER OF 12 STUDENTS. 13 (4) ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS THAT 14 PROMOTE THE AVAILABILITY, COORDINATION, INTEGRATION AND 15 UTILIZATION OF SOCIAL AND HEALTH SERVICES, ASSOCIATED RESOURCES 16 AND ANCILLARY RESOURCES TO MEET THE NEEDS OF CHILDREN AND 17 FAMILIES IN ADDRESSING ISSUES THAT MAY SERVE TO LIMIT STUDENT 18 ACADEMIC ACHIEVEMENT. 19 (5) NOTWITHSTANDING THE PROVISIONS OF ARTICLE XV-C, 20 PROVIDING TUTORING ASSISTANCE DURING THE NORMAL SCHOOL DAY AND 21 HOURS OF THE SCHOOL DISTRICT, PROVIDED THAT THE TUTORING IS IN 22 ADDITION TO AND DOES NOT INTERFERE WITH A STUDENT'S REGULARLY 23 SCHEDULED CLASSROOM INSTRUCTION TIMES AND DOES NOT SUPPLANT 24 SERVICES REQUIRED IN A STUDENT'S INDIVIDUALIZED EDUCATION 25 PROGRAM. 26 (6) IMPROVING THE ACADEMIC PERFORMANCE OF SUBGROUPS 27 IDENTIFIED UNDER SECTION 1111(B) OF THE NO CHILD LEFT BEHIND ACT 28 OF 2001. 29 (7) ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS TO 30 ASSIST IN THE BUILDING OF STRONG SCIENCE AND APPLIED-KNOWLEDGE 20070H0842B2169 - 25 -
1 SKILLS. 2 (8) PROVIDING ADDITIONAL PROGRAMS FOR CONTINUING 3 PROFESSIONAL EDUCATION THAT MAY INCLUDE ANY OF THE FOLLOWING: 4 TRAINING IN MATHEMATICS, SCIENCE AND LITERACY-SPECIFIC 5 CURRICULUM AND INSTRUCTIONAL STRATEGIES; TRAINING IN SCHOOL-WIDE 6 IMPROVEMENT PLANNING; ANALYSIS OF STUDENT ACHIEVEMENT DATA, 7 INCLUDING STUDENT WORK AND THE IMPLICATIONS FOR CLASSROOM 8 PRACTICE; OBSERVING AND STUDYING EXEMPLARY SCHOOL AND CLASSROOM 9 PRACTICES; IMPLEMENTING SCHOOL-WIDE PROGRAMS AND CLASSROOM 10 MANAGEMENT STRATEGIES DESIGNED TO IMPROVE STUDENT CONDUCT; USING 11 TECHNOLOGY TO BOOST STUDENT ACHIEVEMENT; CONDUCTING TRANSITION 12 PLANNING AND CURRICULUM ALIGNMENT ACROSS SCHOOLS AND GRADE 13 LEVELS; OR IMPLEMENTING SECONDARY STRATEGIES TO INCREASE STUDENT 14 ENGAGEMENT AND PERSONALIZE LEARNING. 15 (9) ESTABLISHING, EXPANDING OR MAINTAINING MATH AND LITERACY 16 COACHING PROGRAMS WITHIN SCHOOLS TO IMPROVE MATH AND READING 17 INSTRUCTION. 18 (10) PROVIDING FINANCIAL INCENTIVES TO HIGHLY QUALIFIED, 19 TENURED TEACHERS TO WORK IN THE MOST ACADEMICALLY CHALLENGED 20 SCHOOLS IN A SCHOOL DISTRICT OR PROVIDING FINANCIAL INCENTIVES 21 TO AID IN THE RECRUITMENT OF CERTIFICATED TEACHERS IN 22 MATHEMATICS, SCIENCE, LANGUAGE ARTS OR ENGLISH AS A SECOND 23 LANGUAGE TO WORK IN THE MOST ACADEMICALLY CHALLENGED SCHOOLS IN 24 A SCHOOL DISTRICT. 25 (11) PROVIDING SUCH OTHER PROGRAMS OR ACTIVITIES THAT THE 26 BOARD OF SCHOOL DIRECTORS OF A SCHOOL DISTRICT DETERMINES ARE 27 ESSENTIAL TO ACHIEVING OR MAINTAINING ACADEMIC PERFORMANCE 28 TARGETS THROUGH THE YEAR 2014. 29 (12) ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS FOR 30 INSTRUCTION ON WORLD LANGUAGES IN THE ELEMENTARY GRADES, EITHER 20070H0842B2169 - 26 -
1 IN IMMERSION CLASSROOMS OR AS SEPARATE PERIODS OF INSTRUCTION. 2 (13) ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS TO 3 STRENGTHEN HIGH SCHOOL CURRICULA BY CREATING RIGOROUS COLLEGE 4 AND CAREER PREPARATORY PROGRAMS, INCREASING ACADEMIC 5 ACHIEVEMENT, OFFERING ADDITIONAL ADVANCED PLACEMENT COURSES, 6 PROVIDING SCHOOL-BASED COUNSELING, AND PROVIDING PROFESSIONAL 7 DEVELOPMENT. 8 (14) ESTABLISHING, EXPANDING OR MAINTAINING PROGRAMS TO 9 PROVIDE INTENSIVE TEACHER TRAINING, PROFESSIONAL DEVELOPMENT 10 OPPORTUNITIES AND TEACHING RESOURCES TO ELEMENTARY LEVEL SCIENCE 11 TEACHERS. 12 * * * 13 (C) (1) NO LATER THAN APRIL 10, 2004, AND APRIL 10, 2005, 14 THE DEPARTMENT SHALL NOTIFY EACH SCHOOL DISTRICT OF THE GRANT 15 AMOUNT IT WILL RECEIVE UNDER SUBSECTION (D). NO LATER THAN APRIL 16 10, 2006, THE DEPARTMENT SHALL NOTIFY EACH SCHOOL DISTRICT OF 17 THE GRANT AMOUNT IT WILL RECEIVE UNDER SUBSECTION (D.1). NO 18 LATER THAN APRIL 10, 2007, AND APRIL 10 OF EACH SCHOOL YEAR 19 THEREAFTER, THE DEPARTMENT SHALL NOTIFY EACH SCHOOL DISTRICT OF 20 THE GRANT AMOUNT IT WILL RECEIVE UNDER SUBSECTION (D.2). 21 (1.1) FOR THE 2007-2008 SCHOOL YEAR, THE DEPARTMENT SHALL 22 NOTIFY EACH SCHOOL DISTRICT OF THE PROGRAMS AND ACTIVITIES 23 AUTHORIZED UNDER SUBSECTION (B)(12), (13) AND (14) WITHIN 24 FIFTEEN (15) DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH. 25 (2) WITHIN THIRTY (30) DAYS OF RECEIPT OF THE NOTIFICATION 26 UNDER PARAGRAPH (1), THE SCHOOL DISTRICT SHALL SUBMIT TO THE 27 DEPARTMENT AN ACCOUNTABILITY GRANT PLAN. THE PLAN SHALL INCLUDE: 28 (I) REFERENCE TO THE PROGRAMS OR ACTIVITIES UNDER SUBSECTION 29 (B) FOR WHICH THE GRANT FUNDS WILL BE USED. 30 (II) IDENTIFICATION OF WHETHER THE GRANT FUNDS WILL BE USED 20070H0842B2169 - 27 -
1 TO ESTABLISH, MAINTAIN OR EXPAND THE PROGRAMS OR ACTIVITIES 2 REFERENCED UNDER SUBPARAGRAPH (I). 3 (III) A BRIEF DESCRIPTION OF THE PROGRAMS OR ACTIVITIES FOR 4 WHICH THE GRANT FUNDS WILL BE USED. 5 (2.1) FOR THE 2007-2008 SCHOOL YEAR, A SCHOOL DISTRICT THAT 6 PROPOSES TO USE THE GRANT FUNDS FOR A PROGRAM OR ACTIVITY UNDER 7 SUBSECTION (B)(12), (13) OR (14) MAY SUBMIT AN AMENDED 8 ACCOUNTABILITY GRANT PLAN TO THE DEPARTMENT WITHIN THIRTY (30) 9 DAYS OF THE EFFECTIVE DATE OF THIS PARAGRAPH. THE AMENDED PLAN 10 SHALL INCLUDE THE INFORMATION REQUIRED UNDER PARAGRAPH (2). 11 (3) (I) WHERE THE ACCOUNTABILITY GRANT PLAN SUBMITTED UNDER 12 PARAGRAPH (2) PROPOSES TO USE THE GRANT FUNDS FOR A PROGRAM OR 13 ACTIVITY UNDER SUBSECTION (B)(11), THE DEPARTMENT SHALL HAVE 14 FIFTEEN (15) DAYS FROM THE RECEIPT OF THE PLAN TO DISAPPROVE THE 15 USE AND NOTIFY THE SCHOOL DISTRICT OF THE REASON FOR THE 16 DISAPPROVAL. WITHIN THIRTY (30) DAYS OF THE RECEIPT OF NOTICE OF 17 DISAPPROVAL, THE SCHOOL DISTRICT SHALL SUBMIT A REVISED 18 ACCOUNTABILITY GRANT PLAN UNDER PARAGRAPH (2). 19 (II) WHERE THE ACCOUNTABILITY GRANT PLAN SUBMITTED UNDER 20 PARAGRAPH (2) PROPOSES TO USE THE GRANT FUNDS FOR A PROGRAM OR 21 ACTIVITY UNDER SUBSECTION (B)(11) AND THE SCHOOL DISTRICT FAILS 22 TO RECEIVE NOTIFICATION FROM THE SECRETARY WITHIN FIFTEEN (15) 23 DAYS OF RECEIPT THAT ITS REQUEST HAS BEEN DISAPPROVED, THE 24 SCHOOL DISTRICT MAY PROCEED TO IMPLEMENT THE PROPOSED PROGRAMS 25 OR ACTIVITIES. 26 (4) WHERE THE ACCOUNTABILITY GRANT PLAN SUBMITTED UNDER 27 PARAGRAPH (2) OR WHERE THE AMENDED ACCOUNTABILITY GRANT PLAN 28 SUBMITTED UNDER PARAGRAPH (2.1) PROPOSES TO USE THE GRANT FUNDS 29 FOR A PROGRAM OR ACTIVITY UNDER SUBSECTION (B)(1), (2), (3), 30 (4), (5), (6), (7), (8), (9) [OR], (10), (12), (13) OR (14), THE 20070H0842B2169 - 28 -
1 DEPARTMENT MAY, WITHIN THIRTY (30) DAYS FROM THE RECEIPT OF THE 2 PLAN, MAKE NONBINDING RECOMMENDATIONS FOR ALTERNATIVE 3 UTILIZATION OF THE GRANT FUNDS. 4 (5) NO LATER THAN FEBRUARY 1, 2005, AND FEBRUARY 1 OF EACH 5 YEAR THEREAFTER, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE 6 MAJORITY AND MINORITY CHAIRS OF THE APPROPRIATIONS AND EDUCATION 7 COMMITTEES OF THE SENATE AND TO THE MAJORITY AND MINORITY CHAIRS 8 OF THE APPROPRIATIONS AND EDUCATION COMMITTEES OF THE HOUSE OF 9 REPRESENTATIVES SUMMARIZING THE OPERATION OF THE PROGRAM FOR 10 THAT FISCAL YEAR. THE REPORT SHALL INCLUDE: 11 (I) A DESCRIPTION OF THE OPERATION OF THE PROGRAM. 12 (II) A SUMMARY OF THE TOTAL AMOUNT OF GRANT FUNDS PAID TO 13 SCHOOL DISTRICTS. 14 (III) A SUMMARY OF THE USES OF GRANT FUNDS TO SCHOOL 15 DISTRICTS. 16 (IV) AN IDENTIFICATION OF THE NUMBER OF SCHOOL DISTRICTS 17 THAT USED GRANT FUNDS FOR EACH OF THE PROGRAMS OR ACTIVITIES 18 UNDER SUBSECTION (B). 19 (V) A LISTING OF EACH SCHOOL DISTRICT AND THE PROGRAM OR 20 ACTIVITY UNDER SUBSECTION (B) FOR WHICH THE GRANT FUNDS WERE 21 USED. 22 (VI) AN IDENTIFICATION OF THE NUMBER OF SCHOOL DISTRICTS 23 THAT USED GRANT FUNDS TO ESTABLISH, MAINTAIN OR EXPAND THE 24 PROGRAM OR ACTIVITY FOR WHICH THE GRANT FUNDS WERE USED. 25 (VII) A LISTING OF EACH SCHOOL DISTRICT AND WHETHER THE 26 GRANT FUNDS WERE USED TO ESTABLISH, MAINTAIN OR EXPAND THE 27 PROGRAM OR ACTIVITY FOR WHICH THE GRANT FUNDS WERE USED. 28 * * * 29 (D.2) (1) DURING THE 2007-2008 SCHOOL YEAR AND EACH SCHOOL 30 YEAR THEREAFTER, THE DEPARTMENT SHALL PAY TO EACH SCHOOL 20070H0842B2169 - 29 -
1 DISTRICT A PENNSYLVANIA ACCOUNTABILITY GRANT EQUAL TO THE AMOUNT 2 DETERMINED IN SUBSECTIONS (D) AND (D.1) PLUS THE SUM OF THE 3 AMOUNTS CALCULATED UNDER PARAGRAPHS (2) AND (3). 4 (2) EACH SCHOOL DISTRICT SHALL RECEIVE AN AMOUNT BASED ON 5 THE PERCENTAGE OF ITS STUDENTS SCORING BELOW PROFICIENT ON THE 6 PSSA TESTS ADMINISTERED IN GRADES FIVE, EIGHT AND ELEVEN, 7 CALCULATED AS FOLLOWS: 8 (I) DIVIDE THE NUMBER OF PSSA TESTS ADMINISTERED IN THE 9 SCHOOL DISTRICT ON WHICH STUDENTS SCORED BELOW PROFICIENT IN 10 READING OR MATHEMATICS DURING THE 2005-2006 SCHOOL YEAR BY THE 11 TOTAL NUMBER OF PSSA TESTS SCORED IN READING AND MATHEMATICS IN 12 THE SCHOOL DISTRICT DURING THE 2005-2006 SCHOOL YEAR. 13 (II) MULTIPLY THE QUOTIENT FROM SUBPARAGRAPH (I) BY THE 14 AVERAGE DAILY MEMBERSHIP OF THE SCHOOL DISTRICT FOR THE 2005- 15 2006 SCHOOL YEAR. 16 (III) MULTIPLY THE PRODUCT FROM SUBPARAGRAPH (II) BY THE 17 MARKET VALUE/INCOME AID RATIO OF THE SCHOOL DISTRICT FOR THE 18 2006-2007 SCHOOL YEAR. 19 (IV) MULTIPLY THE PRODUCT FROM SUBPARAGRAPH (III) BY 20 EIGHTEEN MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS 21 ($18,750,000). 22 (V) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (IV) BY THE SUM OF 23 THE PRODUCTS OF SUBPARAGRAPH (III) FOR ALL SCHOOL DISTRICTS. 24 (3) EACH SCHOOL DISTRICT SHALL RECEIVE AN AMOUNT BASED ON 25 THE PERCENTAGE OF ITS STUDENTS SCORING AT OR ABOVE PROFICIENT ON 26 THE PSSA TESTS ADMINISTERED IN GRADES FIVE, EIGHT, AND ELEVEN, 27 CALCULATED AS FOLLOWS: 28 (I) DIVIDE THE NUMBER OF PSSA TESTS ADMINISTERED IN THE 29 SCHOOL DISTRICT ON WHICH STUDENTS SCORED AT OR ABOVE PROFICIENT 30 IN READING OR MATHEMATICS DURING THE 2005-2006 SCHOOL YEAR BY 20070H0842B2169 - 30 -
1 THE TOTAL NUMBER OF PSSA TESTS SCORED IN READING AND MATHEMATICS 2 IN THE SCHOOL DISTRICT DURING THE 2005-2006 SCHOOL YEAR. 3 (II) MULTIPLY THE QUOTIENT FROM SUBPARAGRAPH (I) BY THE 4 AVERAGE DAILY MEMBERSHIP OF THE SCHOOL DISTRICT FOR THE 2005- 5 2006 SCHOOL YEAR. 6 (III) MULTIPLY THE PRODUCT FROM SUBPARAGRAPH (II) BY THE 7 MARKET VALUE/INCOME AID RATIO OF THE SCHOOL DISTRICT FOR THE 8 2006-2007 SCHOOL YEAR. 9 (IV) MULTIPLY THE PRODUCT FROM SUBPARAGRAPH (III) BY SIX 10 MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($6,250,000). 11 (V) DIVIDE THE PRODUCT FROM SUBPARAGRAPH (IV) BY THE SUM OF 12 THE PRODUCTS OF SUBPARAGRAPH (III) FOR ALL SCHOOL DISTRICTS. 13 (4) GRANTS AWARDED UNDER THIS SUBSECTION SHALL BE PAID TO 14 SCHOOL DISTRICTS ON THE LAST THURSDAY OF JULY. 15 Section 2 9. This act shall take effect in 60 days <-- 16 IMMEDIATELY. <-- 17 SECTION 14. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. <-- B2L24MSP/20070H0842B2169 - 31 -