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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 957, 1832, 2083          PRINTER'S NO. 2169

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.           <--









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