AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in preliminary provisions,
<-6establishing further providing for the Special Education
7Funding Commission<-; in reimbursements by the Commonwealth and 
8between school districts, further providing for definitions; 
9and providing for the distribution of special education 
10funding for student achievement and instruction of eligible 
11students and for special education accountability.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

<-14Section 1. The act of March 10, 1949 (P.L.30, No.14), known
15as the Public School Code of 1949, is amended by adding a
16section to read:

17Section 122. Special Education Funding Commission.--(a)
18There is hereby established a Special Education Funding
19Commission.

1(b) The Special Education Funding Commission shall review
2and make recommendations related to special education funding as
3provided in this section.

4(c) (1) The commission shall consist of the following
5members:

6(i) The chair and minority chair of the Education Committee
7of the Senate and the chair and minority chair of the Education
8Committee of the House of Representatives, or their designees.

9(ii) Two (2) legislators from each of the four (4)
10legislative caucuses, to be appointed by the President pro
11tempore of the Senate and the Speaker of the House of
12Representatives, in consultation with the Majority and Minority
13Leaders of the Senate and the Majority and Minority Leaders of
14the House of Representatives.

15(iii) The Secretary of Education, or a designee.

16(iv) The Secretary of the Budget, or a designee.

17(v) The Deputy Secretary for Elementary and Secondary
18Education, or a designee.

19(2) The commission shall appoint a member to serve as chair
20of the commission.

21(d) The commission shall hold its first meeting within
22thirty (30) days of the effective date of this section,
23regardless of whether the Governor or all legislative caucuses
24have actually approved members to the commission.

25(e) The commission shall hold meetings at the call of the
26chair.

27(f) The members may not receive compensation for their
28services, but shall be reimbursed for all necessary travel and
29other reasonable expenses incurred in connection with the
30performance of their duties as members of the commission.

1(g) The General Assembly shall provide administrative
2support, meeting space and any other assistance required by the
3commission to carry out its duties under this section in
4cooperation with the department. The department shall provide
5the commission with data, research and other information upon
6request by the commission.

7(h) The commission shall develop a special education formula
8and identify factors that may be used to determine the
9distribution of a change in special education funding among the
10school districts in this Commonwealth.

11(i) The commission shall have all of the following powers
12and duties:

13(1) Review and make findings and recommendations related to
14special education funding in this Commonwealth.

15(2) Consult with and utilize experts to assist in carrying
16out the duties under this subsection.

17(3) Receive input from interested parties, including, but
18not limited to, charter and cyber charter school operators, and
19gather information on the identification of children as eligible
20students by charter and cyber charter schools. The commission
21shall also receive input and gather information on charter and
22cyber charter school funding reimbursements regarding eligible
23students. The commission shall draft proposed regulations and
24proposed legislation based on its findings.

25(4) Hold public hearings in different regions of this
26Commonwealth.

27(5) Issue a report of its findings and recommendations to
28the Governor, the President pro tempore of the Senate, the
29Majority Leader and Minority Leader of the Senate, the Education
30Committee of the Senate, the Speaker of the House of

1Representatives, the Majority Leader and Minority Leader of the
2House of Representatives, the Education Committee of the House
3of Representatives, the Secretary of Education and the State
4Board of Education not later than September 30, 2013.

5(6) Determine the factors under this paragraph that may
6include all of the following:

7(i) Three (3) cost categories of eligible students,
8established so that students with disabilities typically
9requiring the least-intensive range of services would comprise
10Cost Category 1, students with disabilities typically requiring
11a middle range of services would comprise Cost Category 2 and
12students with disabilities typically requiring the most
13intensive range of services would comprise Cost Category 3. The
14commission shall determine a description of and parameters for
15each of the three (3) cost categories.

16(ii) A student count for each school district averaged for
17each of the three (3) most recent years for each cost category
18of eligible students. For Cost Category 3, the number of
19eligible students residing or enrolled in the school district
20and classified in Cost Category 3 shall be calculated in a
21manner that limits the potential incentive for school districts
22to overidentify, except for the number of eligible students who
23are placed by the school district and served in public or
24private separate schools, residential placements or homebound or
25hospital placements.

26(iii) A weighting factor that differs for each of the three
27(3) cost categories of students with disabilities based on the
28typical range of services for each cost category.

29(iv) Adjustments for any of the following:

30(A) The market value/personal income aid ratio averaged for

1each of the three (3) most recent years for each school
2district.

3(B) The equalized millage rate averaged for each of the
4three (3) most recent years for each school district.

5(C) Geographic price differences identified for each school
6district.

7(v) A proportional system for distributing the changes in
8special education funding among the school districts, based on
9factors listed in this section.

10(vi) Development and implementation by the department of
11improved systems for collecting and documenting student
12enrollment and membership in public schools, including revised
13methods for calculating average daily membership.

14(vii) Other factors related to the distribution of special
15education funding.

16(7) Review and consider special education funding factors
17utilized throughout the United States.

18(8) In developing the special education funding factors
19under subsection (h) and in completing the report required under
20this subsection, consider the impact these factors may have on
21the distribution of special education funding among the school
22districts.

23(9) Review the administration of State and regional special
24education programs and services to determine if cost savings may
25be achieved and make recommendations to implement the savings.

26(10) Consult with and utilize experts to assist the
27commission in carrying out the duties under this subsection.

28(11) Prior to recommending a special education formula under
29this section, consider nationally accepted accounting and
30budgeting standards.

1(j) The special education formula developed by the
2commission shall not go into effect unless the formula is
3approved by an act of the General Assembly enacted after the
4effective date of this section.

5(k) Every five years the commission shall be reconstituted
6in accordance with subsection (c) and shall meet and hold public
7hearings to review the operation of the special education
8funding provisions of this section, shall make a further report
9and shall issue the report to the recipients listed in
10subsection (i)(5). When in receipt of a further report
11recommending changes to the special education funding formula,
12the General Assembly shall consider and take action to enact the
13formula into law in accordance with subsection (j).

14(l) The General Assembly shall, through the annual
15appropriations process, determine the level of State funding for
16special education and the amount of any change in funding. The
17special education formula developed under this section shall
18determine only the distribution of any increase in special
19education funding among the school districts of this
20Commonwealth above the amount of special education funding in
21the base year and shall not be used for any other purpose.

22(m) Notwithstanding any provision of law to the contrary,
23for the 2013-2014 school year and each school year thereafter,
24any State funding for special education in an amount that does
25not exceed the amount of State funding for special education in
26the base year shall be allocated in the same manner as the State
27funding was allocated in the base year.

28(n) As used in this section, the following words and phrases
29shall have the meanings given to them in this subsection unless
30the context clearly indicates otherwise:

1"Base year." Fiscal year 2010-2011.

2"Commission." The Special Education Funding Commission
3established under this section.

4"Department." The Department of Education of the
5Commonwealth.

6Section 2. Section 2501(26) of the act, added July 9, 2008
7(P.L.846, No.61), is amended and the section is amended by
8adding clauses to read:

9Section 2501. Definitions.--For the purposes of this article
10the following terms shall have the following meanings:

11* * *

12(26) "Actual Spending." An amount equal to a school
13district's total expenditures to include General Fund
14expenditures in all functional classifications, as designated in
15the Manual of Accounting and Related Financial Procedures for
16Pennsylvania School Systems, except for:

17(i) actual special education spending;

18(ii) adult education;

19(iii) higher education;

20(iv) student transportation;

21(v) community services;

22(vi) scholarships and awards;

23(vii) facilities acquisition;

24(viii) construction and improvement services; and

25[(ix) other expenditures and financing uses; and]

26(x) tuition from patrons revenue.

27* * *

28(31) "Actual Special Education Spending." An amount equal to
29a school district's total annual expenditures for special
30education as established by the Department of Education and

1designated in the Manual of Accounting and Related Financial
2Procedures for Pennsylvania School Systems. The amount shall not
3include expenditures that are exclusively for gifted students
4who do not receive special education pursuant to an
5individualized education program.

6(32) "Eligible Student." A student who has been identified
7as a student with a disability who is in need of special
8education under Federal and State law.

9(33) "Performance Indicators." Measurable annual objectives
10established by the Department of Education pursuant to section
11612(a)(15) of the Individuals with Disabilities Education Act
12(Public Law 91-230, 20 U.S.C. § 1412(a)(15)) to assess progress
13toward achieving State goals for the performance of eligible
14students.

15(34) "Public Access." Full and timely release of information
16and documents for public access at a minimum through publication
17by the Department of Education:

18(i) in the Pennsylvania Bulletin;

19(ii) on the Department of Education's publicly accessible
20Internet website for no less than a duration of twelve (12)
21months; and

22(iii) through the Department of Education's timely issuance
23of a related Statewide press release.

24(35) "Regular Classroom." A classroom in a regular school
25operated primarily for students who have not been identified as
26students with disabilities who are in need of special education.

27(36) "Regular School." A neighborhood school, magnet school
28or other public school operated for all students, not solely
29eligible students, in a school district.

30(37) "Special Education Plan." A comprehensive plan as well

1as revisions, updates and amendments for all special education
2personnel, programs, services and supports provided by each
3school district for eligible students, filed by each district
4with the Department of Education under this act and other
5applicable Federal and State law.

6(38) "Base Year." Fiscal year 2010-2011 or another year
7designated by statute.

8(39) "Special Education Allocation." The amount of special
9education funding received by a school district from the
10Commonwealth.

11Section 3. The act is amended by adding sections to read:

12Section 2509.13. Special Education Funding for Student
13Achievement and Instruction of Eligible Students.--(a) (1) The
14Department of Education shall utilize the funds under section
152509.8(e) in order to meet, to the extent that funds are
16available, extraordinary special education expenses not
17anticipated through the special education funding formula.
18School districts and charter and cyber charter schools may apply
19for resources through the fund under procedures established by
20the Department of Education. The Department of Education shall
21make payments from the fund in response to the applications.

22(2) The Department of Education shall issue a comprehensive
23annual report documenting use of the fund to the General
24Assembly and shall provide public access to the report.

25(3) As used in this subsection, "extraordinary special
26education expenses" shall mean expenses that result from needs
27and circumstances of an eligible student with significant
28disabilities which are not ordinarily present in a typical
29special education service and program delivery system and which
30have costs exceeding the school district or charter or cyber

1charter school funding for special education, in order to
2provide the student with an appropriate education in the least
3restrictive environment.

4(b) (1) To the extent that funds are appropriated any year
5by the General Assembly, the Department of Education shall
6establish and implement a competitive grant program for school
7districts and charter schools meeting the following criteria:

8(i) Providing instruction within the regular classroom at
9least eighty percent (80%) of the school day for at least sixty-
10five percent (65%) of eligible students, as averaged for the two
11(2) most recent school years for which data are available or
12increasing the number of eligible students receiving instruction
13within the regular classroom by at least fifteen percent (15%)
14in the most recent school year for which data are available.

15(ii) In the most recent school year for which data are
16available, performance by eligible students on State academic
17assessments in reading and math, averaged for the entire
18district, meeting State standards for adequate yearly progress
19by any method approved by the Federal and State governments,
20such as by meeting the annual target, the confidence interval or
21the safe harbor target or by appeal.

22(iii) Implementing programs or services that serve as a
23model of excellence for meeting high standards for inclusion and
24student achievement through quality special education.

25(2) The Department of Education shall develop guidelines for
26the administration of the grant program established under this
27subsection, which shall be allocated to school districts and
28charter schools on a competitive basis.

29(3) The Department of Education shall issue an annual report
30to the General Assembly documenting use of the grants issued

1under paragraph (1) and shall provide public access to the
2report.

3(4) Nothing under paragraph (1) or any other provision of
4this act shall alter Federal or State law regarding the
5protections provided to an eligible student for receiving
6education in the least restrictive environment or shall alter
7the legal authority of individualized education program teams to
8make appropriate program and placement decisions for eligible
9students in accordance with the individualized education program
10developed for each eligible student.

11Section 2509.14. Special Education Funding for Eligible
12Students with Disabilities in Cost Category 3.--(a) For the
132014-2015 school year and each school year thereafter, the
14Department of Education shall set aside an amount not less than
15one percent (1%) of the State special education appropriation
16above the level of the appropriation in the base year. The
17Department of Education shall distribute this amount as provided
18in subsection (b).

19(b) For the 2014-2015 school year and each school year
20thereafter, each school district in this Commonwealth shall
21receive a pro rata share of the amount set aside under
22subsection (a) based upon the number of eligible students
23residing or enrolled in each school district and classified in
24Cost Category 3 during the immediately preceding school year.

25(c) The funding provided under this section shall be
26accounted for as part of actual special education spending and
27as part of the special education allocation received by a school
28district, according to the definitions in section 2501. School
29districts shall also account for the funding provided under this
30section and the resulting services and supports for eligible

1students through the special education plans, revisions, updates
2and amendments required by section 2509.15.

3Section 2509.15. Special Education Accountability.--(a) (1)
4The Department of Education shall determine the form and manner
5in which school districts shall submit a special education plan
6and revisions, updates and amendments to the special education
7plan under this section. The special education plan shall be
8consistent with other existing plans and reports required by the
9Department of Education to the greatest extent possible. Special
10education plans shall be written in a manner that is easy to use
11and understand by parents and the public, including a general
12summary.

13(2) The Department of Education shall:

14(i) review the special education plans and revisions,
15updates and amendments;

16(ii) provide recommendations and technical assistance to
17school districts;

18(iii) approve or disapprove the plan within ninety (90)
19calendar days of receipt;

20(iv) provide a written explanation when disapproving a plan;
21and

22(v) provide guidance related to plan resubmission.

23(3) The Department of Education shall approve a special
24education plan and revisions, updates and amendments that in the
25determination of the Department of Education:

26(i) meet the requirements of this section;

27(ii) address the academic and developmental challenges for
28eligible students identified in the school district's most
29recent student achievement results and pursuant to performance
30indicators;

1(iii) describe programs and strategies that are most likely
2to improve student outcomes in the school district; and

3(iv) describe policies of the school district to ensure that
4a student identified as having a disability is no longer
5identified as such if the student no longer qualifies under 22
6Pa. Code Ch. 14 (relating to special education services and
7programs), or any successor regulation.

8(4) Upon disapproving a school district's special education
9plan, update or revision submitted under this section, the
10Department of Education may withhold the portion of the annual
11State increase in special education funding which exceeds the
12index until a written special education plan, update or revision
13is approved.

14(5) The Secretary of Education shall involve as appropriate
15in special education monitoring, support, intervention,
16technical assistance and special education plan review by the
17Department of Education, the staff in relevant offices, bureaus
18and divisions of the Department of Education, as well as any
19other resources as appropriate.

20(b) (1) Pursuant to the timetable set forth in section 218,
21each school district receiving an increase in its State special
22education funding allocation of more than the index shall update
23its special education plan by attaching the district's special
24education expenditures as reported on the annual financial
25reports and shall submit the updates and revisions to the
26Department of Education for approval under subsection (a). The
27Department of Education shall allow a district to meet the
28requirements of this section by adding the information as an
29appendix to the existing plan.

30(2) School districts shall use State funds for programs and

1supports that expressly benefit eligible students educated in
2the least restrictive environment in accordance with Federal and
3State law and contribute to achievement of performance
4indicators.

5(3) The Department of Education shall identify resources for
6programs and supports that benefit eligible students and
7contribute to achievement of performance indicators and address
8the following areas or related areas:

9(i) curricula adaptation;

10(ii) coteaching;

11(iii) assistive technology;

12(iv) school-wide positive behavior supports;

13(v) supplementary aids and services;

14(vi) professional development;

15(vii) reading services and supports;

16(viii) caseload management for special education teachers
17and related services personnel; and

18(ix) placing and serving eligible students in regular
19classrooms with supports in accordance with the individualized
20education program developed for each eligible student.

21(4) The Department of Education shall make the resources
22identified in paragraph (3) available to all educational
23entities in this Commonwealth.

24(c) Accountability for the effective use of resources to
25meet student needs shall also be provided in the following ways:

26(1) The Department of Education shall issue to the General
27Assembly a comprehensive annual report on special education
28funding, special education plans, the implementation of 22 Pa.
29Code § 14.104 (relating to special education plans) and other
30special education accountability issues for public school

1entities serving eligible students and this Commonwealth.

2(2) Upon disapproving a school district's special education
3plan, update or revision, the Department of Education may
4withhold the portion of the annual State increase in special
5education funding which exceeds the index until a written
6special education plan, update or revision is approved.

7(3) (i) The Department of Education shall:

8(A) review and monitor implementation of all special
9education plans, such as compliance with subsection (b) and 22
10Pa. Code § 14.104;

11(B) provide support, intervention and technical assistance
12in school districts failing to meet student needs based on
13performance indicators or failing to comply with subsection (b);

14(C) post on its Internet website each school district's
15progress on meeting student needs based on performance
16indicators; and

17(D) determine whether to withhold up to five percent (5%) of
18all State special education funding for school districts
19identified under this clause while the identified problems
20remain unresolved.

21(ii) If the Department of Education determines that a school
22district is making substantial progress toward resolving the
23identified problems, it shall restore the withheld funding
24retroactively and continue to monitor the district for an
25additional two (2) years.

26(4) (i) To discourage the inappropriate overidentification
27of children for special education, the Department of Education
28shall automatically conduct a thorough review of the special
29education plan of any school district with a substantially
30higher ratio of eligible students in the district to its average

1daily membership for all students than the State average, as
2established by the Department of Education, and of any district
3where the ratio of eligible students in the school district to
4its average daily membership for all students in the most recent
5school year for which data is available has increased by more
6than ten percent (10%) over the previous year or of any district
7where the ratio has increased by an annual average of more than
8five percent (5%) during the most recent five-year period. The
9Department of Education may take remedial action, including
10withholding up to five percent (5%) of all State special
11education funding, if the Department of Education determines
12that a school district has overidentified children for special
13education.

14(ii) Nothing in this paragraph or any other provision of
15this act shall be construed to alter Federal or State law
16regarding the protections provided to an eligible student for
17receiving education in the least restrictive environment or
18alter the legal authority of individualized eduction program
19teams to make appropriate program and placement decisions for
20eligible students in accordance with the individualized
21education program developed for each eligible student.

22(d) In rendering a decision or determining remedial action
23under this section, the Department of Education shall consider
24extraordinary circumstances which a school district subject to
25review is experiencing, including a substantial reduction in
26Federal or State funds or other factors beyond the control of
27the school district. The Department of Education shall issue to
28any affected school district a notice specifying the Department
29of Education's decisions and actions under this section and the
30rationale for the decisions and actions. A school district may

1file a written response to the Department of Education about the
2Department of Education's decisions and actions regarding the
3district made under this section. The written response must be
4submitted to the Department of Education within thirty (30)
5calendar days of the Department of Education's notice or within
6thirty (30) calendar days of receiving the notice, whichever is
7later. The Department of Education shall consider the written
8response, consult with the school district and, within thirty
9(30) calendar days after receiving the written response, issue a
10written decision addressing the concerns and claims made in the
11written response, explaining the judgment of the Department of
12Education in response to these concerns and claims, and
13specifying the opportunity to appeal this matter to the
14Secretary of Education for a hearing under 2 Pa.C.S. Chs. 5
15Subch. A (relating to practice and procedure of Commonwealth
16agencies) and 7 Subch. A (relating to judicial review of
17Commonwealth agency action) and 1 Pa. Code Pt. II (relating to
18general rules of administrative practice and procedure). If
19requested, the Secretary of Education shall convene a hearing
20within thirty (30) calendar days after receipt of a school
21district's hearing request. The Secretary of Education shall
22render a written hearing decision within thirty (30) calendar
23days following the hearing.

24(e) The Department of Education shall provide public access
25to the decisions, actions and reports made under this section.

26(f) Nothing under this section shall supersede or preempt
27any provisions of a collective bargaining agreement between a
28school entity and an employe organization in effect on the
29effective date of this section.

30(g) The requirements of this section shall be waived until

1the General Assembly appropriates special education funding
2above the amount of special education funding in the base year
3and on the effective date of the appropriation the requirements
4of this section shall apply for that school year and for each
5school year thereafter.

6Section 2509.16. Data Collection.--Using existing resources
7and data systems as well as nationally accepted accounting and
8modeling standards, the Department of Education shall collect
9data necessary for accurate functioning of a special education
10formula developed under section 122, including, but not limited
11to, data necessary for the calculations related to Cost Category
121, Cost Category 2 and Cost Category 3 as part of the formula
13developed by the commission. The Department of Education shall
14begin collecting such data upon the effective date of this
15section.

16Section 2509.17. Protections.--Nothing under the provisions
17of this act shall alter Federal or State law regarding the
18protections provided to an eligible student for receiving
19education in the least restrictive environment or shall alter
20the legal authority of individualized education program teams to
21make appropriate program and placement decisions for eligible
22students in accordance with the individualized education program
23developed for each eligible student.

24Section 4. The Secretary of Education shall propose
25regulations for promulgation by the State Board of Education
26which implement the amendment or addition of the following
27provisions of the act:

28(1) Section 122.

29(2) Section 2501(26), (31), (32), (33), (34), (35),
30(36), (37), (38) and (39).

1(3) Section 2509.13.

2(4) Section 2509.14.

3(5) Section 2509.15.

4(6) Section 2509.16.

5(7) Section 2509.17.

6Section 5. This act shall take effect immediately.

<-7Section 1. Section 122(i) of the act of March 10, 1949
8(P.L.30, No.14), known as the Public School Code of 1949, added
9April 25, 2013 (P.L.12, No.3), is amended to read:

10Section 122. Special Education Funding Commission.--* * *

11(i) The commission shall have all of the following powers
12and duties:

13(1) Review and make findings and recommendations related to
14special education funding in this Commonwealth.

15(2) Consult with and utilize experts to assist in carrying
16out the duties under this subsection.

17(3) Receive input from interested parties, including, but
18not limited to, charter and cyber charter school operators, and
19gather information on the identification of children as eligible
20students by charter and cyber charter schools. The commission
21shall also receive input and gather information on charter and
22cyber charter school funding reimbursements regarding eligible
23students. The commission shall draft proposed regulations and
24proposed legislation based on its findings.

25(4) Hold public hearings in different regions of this
26Commonwealth.

27(5) Issue a report of its findings and recommendations to
28the Governor, the President pro tempore of the Senate, the
29Majority Leader and Minority Leader of the Senate, the Education
30Committee of the Senate, the Speaker of the House of

1Representatives, the Majority Leader and Minority Leader of the
2House of Representatives, the Education Committee of the House
3of Representatives, the Secretary of Education and the State
4Board of Education not later than [September 30, 2013] November 
530, 2013.

6(6) Determine the factors under this paragraph that may
7include all of the following:

8(i) Three (3) cost categories of eligible students,
9established so that students with disabilities typically
10requiring the least intensive range of services would comprise
11Cost Category 1, students with disabilities typically requiring
12a middle range of services would comprise Cost Category 2 and
13students with disabilities typically requiring the most
14intensive range of services would comprise Cost Category 3. The
15commission shall determine a description of and parameters for
16each of the three (3) cost categories.

17(ii) A student count for each school district averaged for
18each of the three (3) most recent years for each cost category
19of eligible students. For Cost Category 3, the number of
20eligible students residing or enrolled in the school district
21and classified in Cost Category 3 shall be calculated in a
22manner that limits the potential incentive for school districts
23to overidentify, except for the number of eligible students who
24are placed by the school district and served in public or
25private separate schools, residential placements or homebound or
26hospital placements.

27(iii) A weighting factor that differs for each of the three
28(3) cost categories of students with disabilities based on the
29typical range of services for each cost category.

30(iv) Adjustments for any of the following:

1(A) The market value/personal income aid ratio averaged for
2each of the three (3) most recent years for each school
3district.

4(B) The equalized millage rate averaged for each of the
5three (3) most recent years for each school district.

6(C) Geographic price differences identified for each school
7district.

8(v) A proportional system for distributing the changes in
9special education funding among the school districts, based on
10factors listed in this section.

11(vi) Development and implementation by the department of
12improved systems for collecting and documenting student
13enrollment and membership in public schools, including revised
14methods for calculating average daily membership.

15(vii) Other factors related to the distribution of special
16education funding.

17(7) Review and consider special education funding factors
18utilized throughout the United States.

19(8) In developing the special education funding factors
20under subsection (h) and in completing the report required under
21this subsection, consider the impact these factors may have on
22the distribution of special education funding among the school
23districts.

24(9) Review the administration of State and regional special
25education programs and services to determine if cost savings may
26be achieved and make recommendations to implement the savings.

27(10) Consult with and utilize experts to assist the
28commission in carrying out the duties under this subsection.

29(11) Prior to recommending a special education formula under
30this section, consider nationally accepted accounting and

1budgeting standards.

2* * *

3Section 2. This act shall take effect immediately.